Families are increasingly taking legal action against video game companies like Microsoft, Epic, Electronic Arts, Ubisoft, and Nintendo, alleging that these companies intentionally design their products to be addictive, an addiction know as ‘internet gaming disorder, which can cause aggression, loss of social function, impulse control issues, depression, anxiety, and other behavioral addictions.

It is alleged that developers intentional target teens and young adults, inducing both psychological and gambling-like addiction. At least five such complaints have been filed in federal courts across the country, directly blaming the national video game addiction problem among American youth on the tactics employed by manufacturers. These tactics include the use of “live service” games and “microtransactions,” designed to maximize player engagement and spending.

Specifically, accusations have been made that major video game developers and publishers deliberately engineer addictive properties into their games, particularly in multiplayer online “live service” titles like Roblox, Minecraft, Call of Duty, Fortnite, and Grand Theft Auto 5. It is believed that these games illegally monitor children’s online activity and employ behavioral algorithms to keep them playing longer. Additionally, players are targeted with offers to purchase game improvements or “cosmetic” items, often presented as small, easily digestible amounts to make the player more competitive. From personal experience, I saw my nephew steal my mom’s credit card out of her purse and charge more than $3,000 for these ‘cosmetic enhancements’ so that he could show off to the online “friends” he plays with (and has never met in real life).

One particularly criticized tactic is the use of “loot boxes.” These require players to pay for a chance at randomly selected prizes. However, the most desirable and rewarding prizes are algorithmically designed to appear extremely rarely, often less than 0.05% of the time. This compels players to repeatedly purchase loot boxes in hopes of obtaining them. The design and presentation of these games, particularly with features like loot boxes, blurs the line between gaming and gambling, and is extremely predatory toward the underdeveloped discernment of an adolescent.

AMA Designation

The American Psychiatric Association’s Diagnostic and Statistical Manual for Mental Disorders (DSM-5-TR) has identified the condition, Internet Gaming Disorder and given it the designation (IGD)(1)

MDL

No current MDL. JPML denied a motion for transfer in March 2014, determining there were too many different defendants involved for claims to benefit from consolidation at this time.

Litigation Updates

At the time of the filing for motion for transfer, all five

Important Links

1. https://pmc.ncbi.nlm.nih.gov/articles/PMC6876823/
2. https://link.springer.com/content/pdf/10.1186/s13643-020-01329-2.pdf
3. https://pmc.ncbi.nlm.nih.gov/articles/PMC8766757/
4. https://www.sciencedirect.com/science/article/pii/S0010440X24000518
5. https://www.nature.com/articles/s41598-024-81094-7
6. https://www.nbcnews.com/nightly-news/video/-gaming-disorder-to-be-classified-as-mental-health-disorder-1258619971713
7. https://www.washingtonpost.com/lifestyle/2021/05/25/roblox-addiction-advice/
8. https://www.washingtonpost.com/video-games/2021/01/27/video-games-screen-time-new-york-times/

MDL Link

1. No current MDL, to this point more than 20 cases have been filed across the country. The JPML denied the March 2024 motion for transfer citing the diversity of defendants involved at the time of arguing the motion

Case Management Orders