Class Action Lawsuit Filed by Pollock Cohen LLP Against FunPlus and KingsGroup Over Their “State of Survival: Zombie War” Mobile Game
September 6, 2022
SAN FRANCISCO – September 6, 2022 – On September 2, 2022, Pollock Cohen LLP filed a class action lawsuit against KingsGroup and FunPlus International AG on behalf of users of the mobile game “State of Survival: Zombie War.” The lawsuit alleges that the companies deceived consumers by falsely advertising deep discounts for in-app purchases, when in fact, there was never any non-discounted pricing. Courts have long ruled such deceptions are improper.
State of Survival is a zombie themed “freemium” game that was initially released in 2019, and the Defendants claim it has been downloaded more than 100 million times, generating more than $1 billion in revenue. As a “freemium” game, it is free to download and play, but the companies make money by selling in-app packs of tools and resources that help players reach higher levels within the game.
The complaint alleges that Defendants’ deceptive practices include telling players that they will receive discounts of nearly 99%—for instance, paying only $9.99 for a bundle that normally sells for $997.40. As alleged in the complaint, however, the bundle was never sold for a price anywhere close to $997.40. The complaint further details fraudulent offers, including promised bonuses of “3960%” or “2800%”—often displayed in red, visually-catchy bubbles intended to lure and deceive consumers. Additional deceptive tactics detailed in the complaint include the warning, “Only 1 remaining!” to indicate an extreme scarcity in products and invoke a sense of urgency and competition among gamers. In reality, the lawsuit contends, there was no such supply limitation.
The lawsuit was filed in U.S. District Court for the Northern District of California. Plaintiffs are represented by attorneys Raphael Janove and Adam Pollock of Pollock Cohen LLP, Jay Kumar of Jay Kumar Law, and Karl Kronenberger and Kate Hollist of Kronenberger Rosenfeld LLP. This is the same legal team representing consumers in a similar class action lawsuit against Warner Bros. for its “ Game of Thrones: Conquest ” mobile game.
“Video game companies need to play by the rules of fairness, honesty, and transparency,” said Raphael Janove. “Defendants seem to have forgotten that taking advantage of loyal customers is not only illegal, but also wrong,” added Adam Pollock.
“Perhaps KingsGroup and FunPlus wanted to make sure no one loses hope in the post-apocalypse world by always providing the same discounts,” said Jay Kumar. “But you can’t survive the catastrophe on screen by going broke in reality,” added Karl Kronenberger. “Thankfully, unlike in a zombie apocalypse, we have law and we have a court. FunPlus will have to provide explanations for its dishonest and unlawful sales tactics in the courtroom and compensate for the harms it has unlawfully caused to countless loyal users,” explained Kate Hollist.
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Pollock Cohen LLP