GTA V False Advertising Lawsuit Removed To Federal Court

Grand-Theft-Auto-V1Take-Two Interactive Software, Inc. and Rockstar Games, Inc. have filed a Notice of Removal to federal court of the state court litigation against them, alleging false advertising in the marketing and sale of Grand Theft Auto V. 

The Plaintiffs are two individuals who allege that they purchased GTA V on its September 17, 2013 release date and at a “premium” price, relying upon Defendants’ supposed advertisements that GTA V supported immediate online multiplayer game play.  (The multiplayer feature of the game in fact launched on October 1, 2013.)  Plaintiffs allege that Defendants’ advertisements for the game were therefore false and in violation of California unfair competition laws, and seek a refund of the monies they paid for the game.  They maintain their lawsuit on behalf of themselves and a putative class of “all persons who purchased the GTA V videogame in the State of California.”

The lawsuit is McMahon v. Take-Two Interactive Software, Inc. et al., C.D. Cal. Case No. 5:13-cv-02032-VAP-SP.