Thank you for your question. I look forward to working with you to provide you the information you are seeking.
As you are a consumer who was deceived by their advertising, you are entitled to bring suit for damages against the company under the Texas Unfair and Deceptive Trade Practices
Pursuant to TEX.BUS. & COM.CODE ANN. sec. 17.44 (Vernon Pamph.Supp.1986), entitled "Construction and Application" reads:
"This subchapter shall be liberally construed and applied to promote its underlying purposes, which are to protect consumers against false, misleading, and deceptive business practices, unconscionable actions, and breaches of warranty and to provide efficient and economical procedures to secure such protection." The statute continues that unconscionable action or course of action means an act or practice which, by taking advantage of the lack of knowledge, ability, experience or capability of a person, results in a detriment to that person. TEX.BUS. & COM.CODE ANN. sec. 17.45(5) (Vernon Supp.1987).
The issue is that you would have to file the suit in the Texas court, but if you want the possibility of this being a class action, that requires you engaging an attorney that specializes in class action suits to locate other victims to add to the suit and get the suit approved as a class action. All class action suits begin as a suit by one person and then the attorneys seek other victims to add to the suit.
You need copies of all of their advertisements of the game and then the game itself to show how their advertisements falsely misrepresented the game and its ability and quality and if you have that as your evidence, that is what you need to make a case.
You would file this in Texas under the Texas law, they will try to move it to federal court based on diversity of citizenship, but once you file in Texas under Texas law, even if they get the case moved to federal court (the federal unfair and deceptive practices statutes are extremely similar to the Texas law) the federal court would hear the case based on federal law.
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