Could false advertising lead to lawsuits?

[MOPARbarrett5]

According to this video there are three points in the official GT7 description that could be considered false advertising. Being able to drive over 400 cars from day one, selling cars, and not mentioning every mode that an online connection is needed in order to use. Like mentioned in the video, I don't know the legality of these points, but common sense tells me that the points are all false advertising.
So for those that do understand legal issues better, would these points be enough to sue on the grounds of false advertising. In my opinion someone should step in and officially change the wording to accurately reflect the game, whether a court case does so or not.

 

[Supaboost]

Maybe. Any pissed off lawyers on here..

 

[Islaygaz]

According to this video there are three points in the official GT7 description that could be considered false advertising. Being able to drive over 400 cars from day one, selling cars, and not mentioning every mode that an online connection is needed in order to use. Like mentioned in the video, I don't know the legality of these points, but common sense tells me that the points are all false advertising.
So for those that do understand legal issues better, would these points be enough to sue on the grounds of false advertising. In my opinion someone should step in and officially change the wording to accurately reflect the game, whether a court case does so or not.

Being able to drive over 400 cars from day 1: technically over 400 cars in game at launch so don’t think this is false advertising (just semantics here IMO). Yes it’s a bit of a pain that you need to wait for the cars to show up in one of the two dealerships (not to mention the price of some!), but they are there! The UCD has been a feature in older GT’s. The only reason people don’t like them in 7 is due to the extremely slow rotation (myself included here!)!!

Online connection: clearly stated on the box/online description that an online connection is required to play. Again I feel they are covered by this statement. They could obviously have been more clear in the product description that you can’t progress in the single player without an online connection, and only certain features would be available.

I’m not a lawyer, but I don’t feel there is anywhere near enough to accuse PD/Sony of false advertising. I also assume they have legal teams that review advertising descriptions to ensure they can’t be sued!

 

[Riptide]

While there's seldom a clear cut legal answer to the OP's questions and some of the issues might be close to borderline, it seems on face value very doubtful that any of the points made will show a definite misleading or creating a false impression.

The point that in GT7 you can sell cars seems false on face value, but it's not conclusive at all. I'll illustrate with the following. I've recently bought the new BMW S100RR superbike which was advertised by BMW at reaching a top speed in excess of 300 km/h and that it requires no day one run-in. On my first ride the best I could do was 250 km/h at full throttle. Real disappointing I've approached BMW and the reply was simple - the bike is governed by the factory and after the first 1000 km on the first service the release code will be programmed which then "release" more horsepower. AND it was indeed the case which left me quite happy, not on day one but later. This perhaps is not a good example, but it illustrates the point. If the developer says you can sell cars in GT7, he has no duty to tell you when. If the consumer assumes it is on day one, it is an assumption based on his own interpretation.

While some countries have very strict consumer protection laws and might look critically at semantic interpretations, the courts in general do have some leniency for market perceptions. Personally in my country, I will feel quite comfortable with defending a lawsuit of misleading advertising in this instance, whether criminal by federal authority or civil by consumers. We should guard against what we want to hear instead of listening to what is said.

PS I should add that lawsuits like these are not a lawyers fame as they tend to drag out over many months and years and consumers seldom have the money to 'make it to the end, especially where the lawsuit is filed abroad. So unless it's a case like GTA where sexual content lead to major attention or the Apple case, consumers jumping on the legal horse soon learn there's not much to gain.

 

[CamPatUK]

If you are denied a refund for a game that doesn't state that it requires online for the majority of the content then that's something you should address depending upon your country of residence. Personally, I don't want a refund and I knew going in that the game would be useless offline. But if I bought this game through the PSN store and wanted to play offline there is not nearly enough info to suggest that's an issue and as such the product could be considered not fit for purpose.

Access to the cars won't cut it. Selling cars likely won't cut it either because they'll claim it's not a material difference.

IANAL

 

[AmyUD06]

If you are denied a refund for a game that doesn't state that it requires online for the majority of the content then that's something you should address depending upon your country of residence. Personally, I don't want a refund and I knew going in that the game would be useless offline. But if I bought this game through the PSN store and wanted to play offline there is not nearly enough info to suggest that's an issue and as such the product could be considered not fit for purpose.

Access to the cars won't cut it. Selling cars likely won't cut it either because they'll claim it's not a material difference.

IANAL

The box and online fine print explicitly state "Internet connectivity is required for most functionality." That you were too stupid to read that is not their fault.

 

[CamPatUK]

The box and online fine print explicitly state "Internet connectivity is required for most functionality." That you were too stupid to read that is not their fault.

I presume you checked that before you called me stupid?

Gran Turismo™ 7

Find Your Line

store.playstation.com

Go ahead and take a look. I'll be here when you get back.

 

[Sage Ages]

Y'all are so dramatic, damn.

 

[Riptide]

@CamPatUK, the reference you've used in your post says it all. The "Game and Legal Info" clearly states that internet and P/Store membership is required for gameplay. If you've assumed it's not required for single player mode, that's your assumption.

It further states on the same page that it's subject to their Software User Policy and other applicable terms and that you should not download it if you are not happy with the terms. While I have my grudges on certain aspects of the game as well, there's nothing in this instance to get on the legal horse.

 

[CamPatUK]

@CamPatUK, the reference you've used in your post says it all. The "Game and Legal Info" clearly states that internet and P/Store membership is required for gameplay. If you've assumed it's not required for single player mode, that's your assumption.

It further states on the same page that it's subject to their Software User Policy and other applicable terms and that you should not download it if you are not happy with the terms. While I have my grudges on certain aspects of the game as well, there's nothing in this instance to get on the legal horse.

I am not advocating any legal action I am merely suggesting that if you wanted a refund you could easily get one in the UK by making it clear it is missold.

Since you are going to paraphrase incorrectly what is on the page and then suggest that the leniency of doubt should be granted to the corporation rather than the individual I will correct your reading of the same.

*Requires internet connection and PS Plus membership. PS Plus is subject to recurring subscription fee taken automatically until cancellation. Age restrictions apply. Full terms: play.st/PSPlusTerms

Notice the single asterisk? That's because that pertains to the folloing line:

And if you love going head-to-head with others, hone your skills and compete in GT Sport Mode.*

As I said, I'm keeping my copy. But in the old days I used to travel for work and if I'd bought this game then I'd request a refund on the grounds laid out above.

 

[Riptide]

I am not advocating any legal action I am merely suggesting that if you wanted a refund you could easily get one in the UK by making it clear it is miss-sold.

Since you are going to paraphrase incorrectly what is on the page and then suggest that the leniency of doubt should be granted to the corporation rather than the individual I will correct your reading of the same.

*Requires internet connection and PS Plus membership. PS Plus is subject to recurring subscription fee taken automatically until cancellation. Age restrictions apply. Full terms: play.st/PSPlusTerms

Notice the single asterisk? That's because that pertains to the folloing line:

And if you love going head-to-head with others, hone your skills and compete in GT Sport Mode.*

As I said, I'm keeping my copy. But in the old days I used to travel for work and if I'd bought this game then I'd request a refund on the grounds laid out above.

The OP's question was that of legal action, so that is what this discussion is about.

Nevertheless, there's no "incorrect paraphrasing" here. Their terms are crystal clear in this instance - "internet connection required". There's no need for them to say it's required for 10% or 30% or 60% or 100% of the game. Required means exactly what it says. If you prefer to interpret it from your view and not connecting the dotted lines, then so be it, I have nothing more to add.

PS Refunds will be retailer specific and not developer specific.

 

[CamPatUK]

Better than the ability to always be right is the ability to know when to shut up.

Lol at the irony.

 

[Riptide]

Better than the ability to always be right is the ability to know when to shut up.

Lol at the irony.

Exactly, rather school yourself if you want to add value to the OP's thread. Thanks for the discussion.

 

[Famine]

Being able to drive over 400 cars from day 1: technically over 400 cars in game at launch so don’t think this is false advertising (just semantics here IMO). Yes it’s a bit of a pain that you need to wait for the cars to show up in one of the two dealerships (not to mention the price of some!), but they are there!

Being there isn't the issue. Being able to drive them on day one very much is:

There are 286 cars available, permanently, in Brand Central. If you have enough money, you can buy all of them; getting enough money is its own issue, but technically speaking they're all there.

Another 10 cars are available in Brand Central but locked behind an "invite-only" function. You cannot buy any of them, even if you have the money to do so, without an invitation to do so. However, you can acquire invitations through Roulette Tickets, and also it seems glitched and offers invites at random, so let's be charitable and say you can get invitations for all of them by blasting through the single player (which you can do in five hours if you have pre-order bonus money and buy cars instead of racing for them; 17hr is a good time if you're really going for it but not spending a cent. That's still day one in either case).

In total, there's 91 cars available from a total of 97 as prizes for single-player mode. Of these, 60 are also available from Brand Central (two of which are invite-only cars), so that's an additional 31 cars that are not.

The Used Car Dealer updates once per calendar day after you have finished the single player and has a stock list of 15 cars on any one day. While you're playing single player, the top row (ish) includes cars you can buy instead of racing for them, leaving 12 additional cars. Assuming it changes entirely once you've finished to reflect the current list (which I don't think it does; I think the 12 additional cars reflect the current list, but we're being charitable) and none of the cars on the current list are cars you've won through single player, that's 27 additional cars.

That leaves Legends Cars, which also updates once per calendar day, and has a stock list of five cars on any one day. You can actually win a car from Legends Cars in the single player, but let's assume you don't or it's not on the current list. That's five additional cars.

There is, therefore, an absolute maximum in the kindest possible circumstances and assuming you can blow through GT Cafe in under one day (which you can, and which is its own issue also), 359 cars you can drive from day one. You will have to wait for all ther others.


That's not "over 400", and it's very easy to see how this claim can be considered highly misleading. I'm pretty sure that there's fewer than "90 track routes in dynamic weather conditions" too - I think about a third of them have no better than sunny/cloudy, which is technically "weather" but not what players would expect - but I'd need to check.

But that's not the big one. The big one comes in the next paragraph:

You cannot sell anything in GT7. It is outright false to say you can "buy, tune, race and sell" - even without the Oxford comma - because you cannot sell anything at all at any point in the game.


Other users pointing to the fact that this same page - the actual page which tries to sell you the game, with buttons to buy it right there - doesn't say that an internet connection is required for the majority of game play are also right to do so; it does clearly say that elsewhere (like the official game landing page), but it doesn't say it on the store page - which, again, is the actual page that tries to sell you the game, with buttons to buy it right there.

And you'd never see that page on your console, just the Store page which doesn't contain that information...

It'd be hard to build a case on that last one alone as it's by omission, but it could be part of a GLO/Class Action based on the other misleading and false information on the store page.

 

[CamPatUK]

Exactly, rather school yourself if you want to add value to the OP's thread. Thanks for the discussion.

You think misreading the fine print is adding value? Are you at all familiar with the use of the asterisk? There are three statements that require clarification. The very fact that there are three of these makes it clear that each clarification pertains to one specific line. It's really simple. As @Famine has also stated, it DOES NOT state that an internet connection is needed to play the majority of the game. Not in the console store, not on the app store and not on the web page for the product. I concede that there is another page that you can't get to when searching for the product where such a stipulation is made. But that's enough that in my country you could request a refund.

Being there isn't the issue. Being able to drive them on day one very much is:

View attachment 1127856

There are 286 cars available, permanently, in Brand Central. If you have enough money, you can buy all of them; getting enough money is its own issue, but technically speaking they're all there.

Another 10 cars are available in Brand Central but locked behind an "invite-only" function. You cannot buy any of them, even if you have the money to do so, without an invitation to do so. However, you can acquire invitations through Roulette Tickets, and also it seems glitched and offers invites at random, so let's be charitable and say you can get invitations for all of them by blasting through the single player (which you can do in five hours if you have pre-order bonus money and buy cars instead of racing for them; 17hr is a good time if you're really going for it but not spending a cent. That's still day one in either case).

In total, there's 91 cars available from a total of 97 as prizes for single-player mode. Of these, 60 are also available from Brand Central (two of which are invite-only cars), so that's an additional 31 cars that are not.

The Used Car Dealer updates once per calendar day after you have finished the single player and has a stock list of 15 cars on any one day. While you're playing single player, the top row (ish) includes cars you can buy instead of racing for them, leaving 12 additional cars. Assuming it changes entirely once you've finished to reflect the current list (which I don't think it does; I think the 12 additional cars reflect the current list, but we're being charitable) and none of the cars on the current list are cars you've won through single player, that's 27 additional cars.

That leaves Legends Cars, which also updates once per calendar day, and has a stock list of five cars on any one day. You can actually win a car from Legends Cars in the single player, but let's assume you don't or it's not on the current list. That's five additional cars.

There is, therefore, an absolute maximum in the kindest possible circumstances and assuming you can blow through GT Cafe in under one day (which you can, and which is its own issue also), 359 cars you can drive from day one. You will have to wait for all ther others.


That's not "over 400", and it's very easy to see how this claim can be considered highly misleading. I'm pretty sure that there's fewer than "90 tracks in dynamic weather conditions" too - I think about a third of them have no better than sunny/cloudy, which is technically "weather" but not what players would expect - but I'd need to check.

But that's not the big one. The big one comes in the next paragraph:

View attachment 1127862

You cannot sell anything in GT7. It is outright false to say you can "buy, tune, race and sell" - even without the Oxford comma - because you cannot sell anything at all at any point in the game.


Other users pointing to the fact that this same page - the actual page which tries to sell you the game, with buttons to buy it right there - doesn't say that an internet connection is required for the majority of game play are also right to do so; it does clearly say that elsewhere (like the official game landing page), but it doesn't say it on the store page - which, again, is the actual page that tries to sell you the game, with buttons to buy it right there.

View attachment 1127870

And you'd never see that page on your console, just the Store page which doesn't contain that information...

It'd be hard to build a case on that last one alone as it's by omission, but it could be part of a GLO/Class Action based on the other misleading and false information on the store page.

Sadly, I think their definition of available to drive might simply be 'could be won' and is presently in the game. It's badly written for sure but I'd be surprised if that could be used to get a refund. I'd guess that is enough people were to push the point it might be but that won't happen.

 

[Famine]

Sadly, I think their definition of available to drive might simply be 'could be won' and is presently in the game.

While I can't say if all the cars are available through Roulette Tickets, the fact that there's a maximum of 17 Roulette Tickets on day one doesn't actually get us any closer - and indeed even if you fluked a car on every one of them, each car you win on an RT removes one possibility of a BC Invitation to buy a car you can't ordinarily buy.

No player can acquire and drive more than 366 cars on day one in GT7, even if they somehow managed to acquire enough credits (which they also cannot do; it looks like even if you can stay awake for 24 hours and use all remaining seven hours after GT Cafe and have pre-order and 25AE bonuses, you will have just 13.9m credits; that's not enough for even the invite cars!) to get them.

Even if you added in the Music Rally cars (which you can drive, but you need to unlock each MR in order, eating into your GT Cafe and credit grinding time) and the 13 Arcade Mode cars you can drive if you hoy the patch cable out, we're not at 400, never mind over it.

Nobody is driving "over 400 cars from day one". Except Jimmy Fallon, and he's happy when he gets fifth because he has five fingers on one hand.

 

[Riptide]

Being there isn't the issue. Being able to drive them on day one very much is:

View attachment 1127856

There are 286 cars available, permanently, in Brand Central. If you have enough money, you can buy all of them; getting enough money is its own issue, but technically speaking they're all there.

Another 10 cars are available in Brand Central but locked behind an "invite-only" function. You cannot buy any of them, even if you have the money to do so, without an invitation to do so. However, you can acquire invitations through Roulette Tickets, and also it seems glitched and offers invites at random, so let's be charitable and say you can get invitations for all of them by blasting through the single player (which you can do in five hours if you have pre-order bonus money and buy cars instead of racing for them; 17hr is a good time if you're really going for it but not spending a cent. That's still day one in either case).

In total, there's 91 cars available from a total of 97 as prizes for single-player mode. Of these, 60 are also available from Brand Central (two of which are invite-only cars), so that's an additional 31 cars that are not.

The Used Car Dealer updates once per calendar day after you have finished the single player and has a stock list of 15 cars on any one day. While you're playing single player, the top row (ish) includes cars you can buy instead of racing for them, leaving 12 additional cars. Assuming it changes entirely once you've finished to reflect the current list (which I don't think it does; I think the 12 additional cars reflect the current list, but we're being charitable) and none of the cars on the current list are cars you've won through single player, that's 27 additional cars.

That leaves Legends Cars, which also updates once per calendar day, and has a stock list of five cars on any one day. You can actually win a car from Legends Cars in the single player, but let's assume you don't or it's not on the current list. That's five additional cars.

There is, therefore, an absolute maximum in the kindest possible circumstances and assuming you can blow through GT Cafe in under one day (which you can, and which is its own issue also), 359 cars you can drive from day one. You will have to wait for all ther others.


That's not "over 400", and it's very easy to see how this claim can be considered highly misleading. I'm pretty sure that there's fewer than "90 tracks in dynamic weather conditions" too - I think about a third of them have no better than sunny/cloudy, which is technically "weather" but not what players would expect - but I'd need to check.

But that's not the big one. The big one comes in the next paragraph:

View attachment 1127862

You cannot sell anything in GT7. It is outright false to say you can "buy, tune, race and sell" - even without the Oxford comma - because you cannot sell anything at all at any point in the game.


Other users pointing to the fact that this same page - the actual page which tries to sell you the game, with buttons to buy it right there - doesn't say that an internet connection is required for the majority of game play are also right to do so; it does clearly say that elsewhere (like the official game landing page), but it doesn't say it on the store page - which, again, is the actual page that tries to sell you the game, with buttons to buy it right there.

View attachment 1127870

It'd be hard to build a case on that last one alone as it's by omission, but it could be part of a GLO/Class Action based on the other misleading and false information on the store page.

Fully agree with you on the "400 cars on day one" issue. It's without doubt misleading, but if a court will see that as material enough (which principle was cited in the Grand Theft Auto lawsuit) is another question which will be considered.

The selling matter is another issue. Yes, you cannot sell now, but as I've previously said, it's not conclusive. They've never said that it will be a feature on day one, so if a future upgrade allows that, it still does what it says it does. If by the end of the game's life cycle it does not allow for that, it will be a different story.

As for the internet, the mere reference that internet connection is required will suffice from a legal perspective. A users expectation that it should state to what extent internet is required is not a reasonable expectation.

 

[CamPatUK]

While I can't say if all the cars are available through Roulette Tickets, the fact that there's a maximum of 17 Roulette Tickets on day one doesn't actually get us any closer - and indeed even if you fluked a car on every one of them, each car you win on an RT removes one possibility of a BC Invitation to buy a car you can't ordinarily buy.

No player can acquire and drive more than 366 cars on day one in GT7, even if they somehow managed to acquire enough credits (which they also cannot do; it looks like even if you can stay awake for 24 hours and use all remaining seven hours after GT Cafe and have pre-order and 25AE bonuses, you will have just 13.9m credits; that's not enough for even the invite cars!) to get them.

Even if you added in the Music Rally cars (which you can drive, but you need to unlock each MR in order, eating into your GT Cafe and credit grinding time) and the 13 Arcade Mode cars you can drive if you hoy the patch cable out, we're not at 400, never mind over it.

Nobody is driving "over 400 cars from day one". Except Jimmy Fallon, and he's happy when he gets fifth because he has five fingers on one hand.

I agree and I think the situation is lousy. Maybe they count duplicates I have two BRZ and two Civics which I am supposed to be grateful for, that's 4 cars right? right?

The Jimmy Fallon situation and the comments about selling cars shows to me that they clearly made some late changes in the development of this game and decided to remove some features and withhold others.

My guess is that if we could sell cars we'd stockpile them making the 20mil cap redundant so that was removed.

As for the internet, the mere reference that internet connection is required will suffice from a legal perspective. A users expectation that it should state to what extent internet is required is not a reasonable expectation.

Based on what exactly? Why should we assume that needing PS+ for Sport mode means we should just assume that the game is a paperweight without an internet connection?

 

[Famine]

The selling matter is another issue. Yes, you cannot sell now, but as I've previously said, it's not conclusive. They've never said that it will be a feature on day one, so if a future upgrade allows that, it still does what it says it does.

Entirely disagree.

The game is being sold, right now, with that feature advertised. It is included in the store description, both on the web interface and console interface, for the PS Store. It is not in the game.

It's not flagged as something that will come in a future update, there's no fine print, and there's no footnotes. The store that actually sells you the game says it is a function of the game without qualification... and it is not.

That is absolutely enough on its own to merit a refund under UK consumer law: product does not function as advertised. And that's enough on its own to prompt a GLO for users who cannot get a refund due to buying it from PS Store (the place which promotes the game based on this absent function).

As for the internet, the mere reference that internet connection is required will suffice from a legal perspective. A users expectation that it should state to what extent internet is required is not a reasonable expectation.

The issue here is that it... doesn't. It doesn't say an internet connection is required, except in the specific circumstance of online racing. It states an extent, but not the full extent - and you can easily see how a consumer could be misled into thinking that the connection is required for online racing but not anything else.

I know this is the case, because we routinely get questions on GTP about internet connections and PS Plus in relation to game problems; if I had a pound for every time I've had to tell someone PS Plus is only required for online multiplayer, I'd have enough money to buy a 2m credit microtransaction, or a hemi-semi-demi-McLaren.

A separate page which is not linked to from the Store page and not accessible on console does indeed describe the extent... although only to an extent (it says "most functionality"), it's just not on the Store page - and again, that's the place that you actually buy the game from, and where it is a reasonable expectation for a consumer to be able to read an accurate description.


Again, that's probably not enough on its own. However if you fold together the misleading car claim, the unqualified absent functionality, and the by-omission connectivity requirement, there's a GLO just waiting to happen for any lawyer who wants to get their name in the papers. And probably successful, as it goes before a judge.


I think the issue is that the Store page and the game landing page were written by entirely different people (if not teams of people) at PlayStation PR, perhaps based on outdated information from PD, but not PD itself.

It's a situation I've been in myself - I wrote an entire press pack for a car I'd never even driven based on what the brand told me over the course of a two-hour meeting at their UK head office and a phone call... which went out to journalists rather than the public. The pack was therefore the word of the brand, but it was written by some gonk working in PR for a different company who was not actually involved in the product at all.

But mine was accurate and ****ing awesome. This one is just leaving legal doors wide open.

 

[SestoScudo]

Maybe it represents cut content.

 

[CamPatUK]

Maybe it represents cut content.

Personally I think it's just sloppy. There's 400 cars in the game and they wanted to make it sound cool but the way they phrased it ended up inaccurate as stated above.
The sell line would be easy to miss I guess.

What makes no sense is why these errors are still there.

 

[SestoScudo]

Personally I think it's just sloppy. There's 400 cars in the game and they wanted to make it sound cool but the way they phrased it ended up inaccurate as stated above.
The sell line would be easy to miss I guess.

What makes no sense is why these errors are still there.

I agree if they cut selling cars as a feature that was pretty stupid to be honest.

I really hope data miners can uncover a lot of stuff.

 

[CamPatUK]

I agree if they cut selling cars as a feature that was pretty stupid to be honest.

I really hope data miners can uncover a lot of stuff.

That would indeed be interesting but I don't know how long we'd need to wait. I don't see them changing it during the games lifetime but I hope I'm wrong. I just expect more events. I wish I expected better payout for Custom events but alas...

 

[O604]

Not a lawyer but if you think like one 400 cars do exist if you count color variations and modification. I don't see it that way but lawyers would argue that way.

Obviously that's not the intention of the original claim of having 400 cars. But if sued, that defense should be pretty solid.

 

[CodeRedR51]

Y'all are so dramatic, damn.

GT fans in a nutshell.

 

[Famine]

Not a lawyer but if you think like one 400 cars do exist if you count color variations and modification. I don't see it that way but lawyers would argue that way.

Obviously that's not the intention of the original claim of having 400 cars. But if sued, that defense should be pretty solid.

"There's more than 28,000 cars if you're counting it that way, so why have you low-balled it to that specific number unless you're attempting to convey the concept that you're referring to specific, discrete items that would be counted individually on the 'Car Collection' screen which counts 424 separate vehicles?"

I think "solid" is overstating that one

 

[Silver Arrows]

GT fans in a nutshell.

I love that you say this when the literal admin of the site, a few posts above you, say that yes, under UK law, the possibility of a class action lawsuit and refund based on the fact that the game's description in the Playstation Store says you can sell cars, when you cannot, has legal merit.

But GT fans crazy, amirite?

 

[O604]

"There's more than 28,000 cars if you're counting it that way, so why have you low-balled it to that specific number unless you're attempting to convey the concept that you're referring to specific, discrete items that would be counted individually on the 'Car Collection' screen which counts 424 separate vehicles?"

I think "solid" is overstating that one

Sorry if I wasn't clear originally. But they did not mean it that way initially. But IF you sue them, their lawyers will most likely argue that point.

I don't like it. I think it's shady AF. But here, this would be a solid defense, the judge would probably dismiss it. Maybe not elsewhere.

 

[Famine]

But here, this would be a solid defense

I don't think it's even close to solid.

The "reasonable person" test (a legal standard) would be enough to show that "over 400 cars", with the "over 400 car" Car Collection page that only counts separate models in conjunction with the "over 400 cars" advertising of the game's total number of vehicles, would be taken to mean more than 400 discrete cars rather than 60 cars in 6.6 different colours each.

And then you have the absence of an advertised (unqualified) function, and the omission from the storefront of the always online requirement.


Also we're talking a GLO (or Class Action in the USA) rather than one individual litigating. If any such action is taken (and the door is wide open) I reckon there's a high chance of success.

 

[Fox Andersson]

The Italian page of the store has no mention about selling cars

Is it possible that "sell your way through a solo campaing" has a different meaning rather than selling cars?