Migliaccio & Rathod LLP is currently involved in the Diablo Immortal False Advertising Investigation, for Activision-Blizzard’s false advertisement of the effect of a purchasable, in-game item in Diablo Immortal. The “Blessing of the Worthy” legendary gem, purchasable in bundles that could cost over $100, changes the description of its effect in vastly different, and detrimental, ways as the gem is leveled up. At level two, the item’s description that the player has a chance to deal damage equal to their maximum health is changed at level three to state that the player has a chance to deal damage equal to their current health. This means that rather than dealing a fixed amount of damage equal to one’s maximum health, the amount of damage that could be dealt instead changes with the player’s current health and is therefore less than previously understood, since the effect is only triggered when the player takes damage.
Rather than offer refunds or some form of compensation, Blizzard has instead responded to the Blizzard community by stating that they will change the item’s text description to reflect its actual effect, at level three. This practice essentially amounts to a bait-and-switch, since a purchasable item was advertised with one effect that players wanted and ended up with something completely different.
Thank you to our friends at the Communications Workers of America (CWA) for bringing this issue to our attention and their tremendous work unionizing software developers, among others.
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The lawyers at Migliaccio & Rathod LLP have years of experience in class action litigation against large corporations, including in cases involving unfair and deceptive trade practices. More information about our current cases and investigations is available on our blog.