Class action suit for fraudulent advertising

[BostonLaw]

Note to board admins: you closed my earlier post despite the fact that it did not violate your own conditions for use of this forum. I suggest that you consider your actions carefully before closing this thread. Arbitrarily closing a thread that discusses a major complaint against one of your products conveys to the public that EA is attempting to hide, avoid, suppress, or cover up legitimate complaints about products that you continue to sell. Closing such a thread is consistent with guilt more than a willingness to address the problem at hand. After all, is that not the purpose of these forums? Is closing this thread consistent with your stated policy of striving for the best possible customer support? Let your customers, who spend their hard-earned money to pay for your salaries, speak.

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A reasonable legal definition of criminal fraud is deliberate deception for improper gain. False advertising has long been supported in state and federal courts as a basis for fraud.

I believe that there is sufficient evidence to initiate a class action lawsuit against EA for the PS3 guitar incompatibility fiasco, given the following:

- EA's advertising claims compatibility with other guitar controllers. In the case of the PS3, there currently does not exist any guitar controller other than the one available as part of the $160+ bundle that can be used to play this game. Given the many stages of development and testing that underlies modern video game development, especially in the case of such a high-profile title, it is reasonable to assume that EA/Harmonix knew that Rock Band (PS3) was in fact not compatible with any existing guitar controller other than the one offered in their own bundle. This situation is false advertising to increase the appeal of a product for financial gain.

- EA's advertising and subsequent statements strongly implies that the purchase of one Rock Band bundle plus a non-Rock Band guitar enables a 4-player game experience in which each of the four players plays a different instrument. In fact, this is currently not possible unless the individual were to purchase TWO Rock Band bundles for more than $320. Again, this situation represents false advertising to increase the appeal of a product for financial gain.

If there is sufficient support for moving forward with a class action lawsuit, I would be interested in hearing the thoughts of other consumers and proceeding pro bono.

Please post your experiences and thoughts here.

[GHudston]

I personally think that discussing a class action lawsuit against a company on it's own forums is fairly bad form, to be honest. Regardless of what legitimate reasons you might have for doing so.

[Poppinfresh]

Um, I have news for you: This is their playground, they can do what they want with it, and that includes closing posts that disparage their company or product. Anytime someone threatens litigation against a company, that company has to take the threat seriously and has a duty to mitigate claim.

Just sayin'....don't be shocked when this one gets closed too.

[ChaosElement]

You know what I think?

Get over it.

[SuburbanHell]

I personally think that discussing a class action lawsuit against a company on it's own forums is fairly bad form, to be honest. Regardless of what legitimate reasons you might have for doing so.

Gotta agree with this -- much as we're all frustrated with the Les Paul issue, this is in bad form.

[Julio_No_Mas]

Might be in bad form, but he might have a case.

Although if I were a judge I'd see it as a pitiful attempt to get more change in the prosecution's pocket.

[fried_blowney]

WAAAAAAAAAAA noob boy got a post deleted! WAAAAAAAAAAAAAAAAAAAA F******* crybaby get over it.

[Rock_Starman]

Yea not gonna get anywhere with that. EA,MTV or Harmonix never said the GH 3 guitar would be compatible. All you could possibly get them on is the Xplorer on 360 but since that works you've got nothing. As I said in another topic they only would've had about 5 days to do something about it even if they got GH 3 on the 28th as RB went gold on Nov. 5th.