The plaintiff is concerned with the principle
According to a report by the digital magazine t3n, the plaintiff's child is said to have used the father's credit card purchased virtual items worth around US$170 (approximately £ 60).
The man's accusation: Mario Kart Tour players couldn't tell in advance which items they would receive. Instead, it was left to chance which items the loot boxes, which were referred to as spotlight pipes in the game, contained.
The father is not just seeking compensation with his lawsuit. Instead, he is demanding that Nintendo pay out refunds to all underage players in the USA who have purchased the corresponding loot boxes.
Why are loot boxes heavily criticized?
Especially in the area of mobile games, games are often offered free of charge. Therefore, manufacturers must find ways to finance. The games are known in professional circles as free2play (free to play) but pay2win (pay to win) because players can gain advantages in the game by using real money.
This business practice is criticized because many games are aimed at a younger audience and can also contain gambling-like elements. This is the case if the in-game objects are not offered for sale like in a catalog, but rather their contents are random. In a sense, you buy surprise bags whose contents are not known.
Are game providers threatened with a wave of lawsuits?
Nintendo responded to the criticism last year and revised the shop system in Mario Kart Tour. The loot boxes have no longer been available in their previous form since November 2022, but the in-game shop still exists.
The case is now in the Superior Court of California, as GameStar magazine reported.
The game manufacturers Epic Games (Fortnite) and EA (FIFA) have also had to legally deal with loot boxes in the past and sometimes pay fines. Given the EU-wide regulation of in-game purchases, the issue could become even more explosive in this country.
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