Take-Two faces lawsuit over NBA 2K loot boxes

8 March 2022
NBA 2K22 promotional image

A class-action lawsuit has been filed against Take-Two Interactive for its use of loot boxes and microtransactions in the popular NBA 2K games.

According to Bloomberg, the suit was filed in the Winnebago Country Circuit Court in January on behalf of a minor represented by their guardian and moved to the Illinois Northern District Court last month.

The suit states that Take-Two uses “unfair, deceptive, and unlawful practices, including illegal gambling practices” to “deceive, mislead, and harm consumers.”

Accordingly, the plaintiff has requested at least $5 million (R76.77 million) in damages.

The plaintiff adds that minors do not understand the true financial impact of microtransactions and usually pay using a parent’s credit card, unaware that these purchases are often non-refundable.

“The fixed price model, where customers purchase NBA 2K to access its content, is deceptive where customers believe they will have a comprehensive playing experience after their transaction, only to find out the game is littered with microtransactions which are necessary for players, including minors, to advance and compete within the game,” the suit states.

The loot boxes also present another point of contention: Each loot box contains a randomised selection of items, which lures players into “making more and more purchases on the off-chance that the next loot box will contain the item or player card they are seeking.”

The debate around loot boxes as a form of gambling isn’t new – the Netherlands and Belgium have already classified the mechanic as gambling and consequently obliged publishers to remove any form of it from their games.


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