Teen's Videogame Addiction Led to Brain Damage, Stealing for In-Game Purchases: Suit

Videogame addiction is marked by reduced control over gaming habits and increased priority given to gaming over other activities, which negatively affects other aspects of a user’s life including self-care, relationships, school and work, said the complaint.

Josh and Tawney Jameson of Hennepin County, Minnesota, filed the negligence lawsuit on behalf of their 14-year-old child, L.J., who began playing videogames at age 7, the complaint said. L.J. plays Roblox across multiple game platforms but primarily on an Apple iPhone and iPad, it said.

In addition to Apple and Roblox, the lawsuit names defendants Jane and John Does 1-20, who are individuals, corporations and entities yet to be identified to plaintiffs, who were engaged in the research, development, manufacture, design, promotion and sales of gaming devices and software, and who introduced such products for sale in Minnesota, the complaint said. The defendants target consumers such as L.J. to play their videogames and then buy in-game items or perks in exchange for real money in “microtransactions” promoted through advertising and “fake” avatar friends, said the complaint.

Parents’ efforts to limit game time are made “astonishingly difficult, if not impossible,” by the lack of in-game parental controls and time-limit tools, said the complaint. L.J. plays Roblox about three hours per day and can’t refrain from playing games or spending money while using the defendants’ products, it said. He has spent about 6,000 hours collectively on playing videogames, it said. L.J. has spent “large sums of money” and used gift cards to make in-game transactions enabling him to download products available in the defendants’ products, the complaint said. Those are in addition to money spent on Roblox subscriptions, it said.

L.J. has been diagnosed with attention deficit hyperactivity disorder and videogame addiction and has experienced brain damage, gaming addiction and harm, inability to limit game playing time, lack of interest in school, loss of friends, social isolation, change in eating pattern, withdrawal symptoms when gaming devices are taken away, an inability to perform schoolwork independently at a level appropriate to his age, and “stealing to obtain money to play Roblox,” the complaint said.

His parents have lost hope in their ability to control L.J.’s game playing time and worry about the teen’s mental and physical condition when they attempt to take games away, the complaint said. L.J. has undergone outpatient counseling, medication therapy, an individualized education plan and tutoring, it said.

Roblox designed its platform with “certain addictive properties -- at the risk of children’s mental and physical health” -- to profit from users’ extended, long-term gameplay and in-game spending, the complaint said. The company hired psychologists and scientists to ensure their games include “the best psychological traits and technologies for player retention and addiction," the complaint alleged.

The ability for users to create their own games and challenges on Roblox and to spend real-world funds to change their avatar’s image and abilities “makes sure that the gaming experience is different for players each time they log in,” said the complaint. That “constant variety keeps players hooked,” or coming back daily and playing for hours, it said. The social gaming design creates a competitive environment in which players are “pressured to spend money” via in-game purchases to keep up with friends and competitors, it said.

Though Roblox and Apple have knowledge of the addictive risks inherent in videogames, they have failed to inform the public, users or parents of such risks, the complaint said. Apple, which takes 30% of all revenue generated by microtransactions in in-app purchases, “encourages users to purchase continuous in-game content” despite knowing that they are “addictive and pose unreasonable risk of harm to users, particularly minors,” it said.

The Jamesons assert claims of strict liability and negligence for design defect, failure to warn and failure to instruct; intentional and negligent infliction of emotional distress; deceit and fraudulent misrepresentation, omission and nondisclosure; fraudulent concealment; civil conspiracy; and in-concert liability. They seek compensatory damages for expenses associated with L.J.’s treatment and value of loss of ability to earn in the future, plus actual financial loss. They also seek compensatory damages for themselves for pain, suffering and actual financial loss; actual damages and statutory damages; attorneys’ costs and fees; plus pre- and post-judgment interest.