EA Hit With Lawsuit For ‘Battlefield 1943′ Broken Promise [Updated]

Nov 20, 2011 by  

Battlefield 1943 PS3 Lawsuit

At Sony’s E3 2011 press conference this summer, where Game Rant had 11 of its staff in attendance, we were all told the neat news that anyone who purchased the Limited Edition of Battlefield 3 for PS3 would get Battlefield 1943 for free. This occurs rather commonly on PS3 releases since the Blu-ray discs have plenty of spare capacity for publishers to offer more incentive. For example, Assassin’s Creed: Revelations includes the original Assassin’s Creed on PS3 as a bonus.

As gamers who opted to purchase BF3 on PS3, some undoubtedly choosing that platform over the others thanks to the added value of BF 1943, came to realize when opening their package, there was no Battlefield 1943 to be found.

EA and Sony hadn’t explained that they were dropping the exclusive bonus, they just let it be until the last minute, knowing full well that people were pre-ordering Battlefield 3 to get the Limited Edition. So, once everyone caught on, what did they offer instead? From a tweet on the official Battlefield Twitter account:

“In lieu of 1943 being available on disk for PS3 customers, EA has made all BF3 expansions available early to PS3 customers.”

PS3 players instead get DLC a week early. Not good.

A similar situation just occured with Saints Row: The Third where it was also announced during the Sony press event that the PS3 edition of the game would include an exclusive mode. Again, no exclusive mode was found and publisher THQ and developer Volition offered “no comment” on inquiries about this. As a last minute fix, they announced that these players would be able to download Saints Row 2 for free so all was well.

When we shared the Battlefield 1943 omission news and EA’s substitute offer, the first two comments from readers immediately said EA should/could be sued for this and wouldn’t you know, that’s exactly what’s happening.

On Friday, law firm Edelson McGuire filed a class action lawsuit against EA for what essentially amounts to intentionally misleading consumers, or as Kotaku explains, ”misled and profited from thousands of their customers by making a promise that they could not, and never intended, to keep.”

This isn’t some sort of money grab on the part of lawyers taking advantage of the situation. All they’re fighting for is getting Battlefield 1943 in the hands of the players who were told they’d get it.

[Update: EA has given in and is offering Battlefield 1943 to PS3 buyers of Battlefield 3.]

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Follow me on Twitter @rob_keyes.

Source: Kotaku

69 Comments

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  1. Excuse me for the third comment. But what EA did is no mistake, they broke a promise and they deserve the punishment. I’m mostly a MW3 player and sometimes BF3, but I’m not sticking up for either of them. Even though EA has had more lawsuits, ol Acti needs to straighten up a little bit.

  2. I’m going to try to word this as civilized and not nerdy as possible.

    The legal definition of False Advertising is: “Any advertising or promotion that misrepresents the nature, characteristics, qualities or geographic origin of goods, services or commercial activities”

    http://legal-dictionary.thefreedictionary.com/False+Advertising

    I have a Xbox 360, I don’t have a Playstation 3 nor do I do much PC Gaming (just Minecraft). I have only played Call of Duty titles and have never played any Battlefield titles. In this case none of that matters. Employees at EA said that Battlefield 1943 would be included in the Limited Edition of Battlefield 3 on the PS3. The way you obtain that copy of the game is by pre-ordering the PS3 copy. Some people would have rather played it on the PC than on the PS3, but since it wasn’t included all of you feel wronged. We were wronged but because it wouldn’t cost anything more than the regular version there are not legal grounds for a gamer or gamers to file a lawsuit against EA. However, other companies that could have gotten money if that exclusive offer was not announced definitely have rights to sue.

  3. It doesn’t matter anymore. EA is giving PS3 players vouchers for the game anyways in an attempt to mitigate this PR disaster. Source: https://help.ea.com/article/battlefield-1943-for-bf3-ps3-customers
    Found this today while trying to get help with my PC copy of the game.

  4. I like eggs. Thought y’all should know.

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