Remember when EA promised PS3 owners that when they bought Battlefield 3 they would get a free copy of Battlefield 1943? And remember Battlefield 3 was released and PS3 owners didn’t get free copies of Battlefield 1943? Yeah…
Instead of making a formal announcement to let customers know that the free Battlefield 1943 deal was off, EA simply released Battlefield 3 without the free game and hoped for the best.
In response, various customers posted on EA’s twitter page asking where their free copies of Battlefield 1943 were. EA replied saying “In lieu of 1943 being available on disk for PS3 customers, EA has made all BF3 expansions available early to PS3 customers.”
The problem is that PS3 owners were promised early DLC months ago, so the “in lieu of” bit didn’t fly with gamers who were expecting early DLC as well as a free copy of Battlefield 1943.
Now firm Edelson McGuirehas filled a class action suit against EA on behalf of angry PS3 owners. The crux of the case seems to not rest on the fact that EA did not deliver on its promise of free copies of Battlefield 1943, but rather on the fact that no announcement was made until after the game was released, and furthermore, the announcement was limited to a post on twitter.
According to the suit, EA “misled and profited from thousands of their customers by making a promise that they could not, and never intended, to keep”.