According to the latest video published by Hoeg Law, a channel that deals with applied law in the gaming environment, Sony could be forced to face a class action because of the two Digital Standard Edition of Horizon Forbidden Westwhich present two different prices while having basically the same content, which could mislead consumers.
As explained above, there are currently two Standard Editions of Horizon Forbidden West on the PlayStation Store, both of which indicate “PS4 & PS5” as platforms. The contents are basically identical, however one costs € 69.99, while the other costs € 79.99. Later Sony tried to clarify, but the matter still remains a cumbersome one for less informed users. If in doubt, know that the cheapest is the one from 69.99 euros for “PS4”, with the only difference that once purchased, the download of the PS5 version will not start automatically and you will have to download it separately (we remind you that it is completely free ).
In the latest episode of the Virtual Legality series and in some statements made to VGC, lawyer Richard Hoeg explained how this lack of clarity in the information reported on the PlayStation Store could be considered a commercially misleading practice and therefore lead to a class action by consumers.
“Things like” deceptive “or” unfair “practices always depend on the perspective from which you look at them, so while I can personally say that I think these kinds of things cross the line and appear deceptive at first sight, I cannot guarantee that a regulator like the FTC (Federal Trade Commission) or a judge would think the same way, “Hoeg told VGC.
“That said, as I explained in my video, you can look at what was featured on the PlayStation Store and believe that the information on the material was deliberately withheld and / or obfuscated by Sony and if consumers knew they could be playing Horizon on PS5 for $ 60 (refers to the 69.99 euro version ed), many would buy that version instead of paying $ 70 ”
Hoeg says the FTC would hardly take action if a single person sued Sony, as they have limited resources and other priorities. However, things would be different for one class action, that is, if more plaintiffs join forces in a maxi-lawsuit. In this sense, the requirements for a similar legal action are all there.
“I think this kind of thing may present the possibility of a class action,” explains Hoeg. “It wouldn’t be surprising to see a lawsuit from a law firm come from a class action or similar, even if it depends on the lawyers’ analysis of how much they could make of it.”
Finally, Hoeg explains that, if desired, Sony could solve the confusion generated by the digital Standard Editions of Horizon Forbidden West in a very simple way.
“In practice, not legally, I would definitely advise Sony to change course on this matter. I suspect that at least some of the problems are arising due to their difficulties in transitioning licenses between generations of consoles, but the simplest thing would be. change the price of the PS5 version for $ 60 to match that of the PS4 version, “Hoeg explains.
We remind you that Horizon Forbidden West will be available from February 18, 2022. If you don’t have it yet, we recommend that you read our review.