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EA Sports Class Action Law Suit: Pecover v. Electronic Arts Inc.

Posted by StuDS0n, in EA Sports, Gaming News, Madden 25, Madden 14, NCAA Football 13, Madden 13 18 April 2013 · 2,490 views

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EA Sports Class Action Law Suit: Pecover v. Electronic Arts Inc. Many of you may have received an e-mail this week from a law firm Gilardi & Co. LLC who is representing a class action law suit, Pecover v. Electronic Arts Inc.. The notice advised the following:

IF YOU ARE IN THE UNITED STATES AND BOUGHT A NEW COPY OF AN ELECTRONIC ARTS’ MADDEN NFL, NCAA FOOTBALL, OR ARENA FOOTBALL VIDEOGAME FOR XBOX, XBOX 360, PLAYSTATION 2, PLAYSTATION 3, GAMECUBE, PC, OR WII, WITH A RELEASE DATE OF JANUARY 1, 2005 TO JUNE 21, 2012, YOUR RIGHTS MAY BE AFFECTED.

Customers of Electronic Arts Inc. have filed a class action lawsuit alleging that Electronic Arts violated their rights under federal and California law. The Court has not decided whether the Plaintiffs’ claims have any merit, and Electronic Arts has denied any liability and all allegations of misconduct. A proposed settlement has been reached, and your legal rights are affected. You have a choice to make now:


So I guess I was out of the loop and had no idea why a class action law suit was filed to begin with. This notice does not explain that part until you read further and explains the case, Pecover v. Electronic Arts, No. 08-cv-02820 CW, is pending in United States Federal Court in California. I then went to the website the class action notice links you to in order to understand more about the case. The reason for the suit is, in my opinion, bullshit.

The lawsuit claims that Electronic Arts violated federal and California antitrust laws, as well as California consumer protection laws, by signing exclusive licensing agreements with the Arena Football League (“AFL), the Collegiate Licensing Company (“CLC”) (on behalf of the National Collegiate Athletic Association (“NCAA”)), the National Football League (“NFL”), and the National Football League Players Association (“NFLPA”). The lawsuit claims that these agreements gave Electronic Arts a monopoly over an alleged market for league-branded, simulation football videogames, and allowed it to charge higher prices than it would have in a competitive environment. The suit seeks to recover monetary damages and restitution, as well as injunctive relief.


So the suit is claiming that these games were able to charge higher prices - I recall paying the standard $59.99 or less for my copies of these games. This is the standard rate charged for new releases regardless of an exclusive license EA Sports might have had. In addition, I would like to think this law suit will be thrown out. I would love to see competition for another NFL game but other's had their chance and were not successful. If one company agrees to provide a licensed product to the other, I see no reason why this should be considered a monopoly. Apple and AT&T had an exclusive agreement for the iPhone for several years - it is no different with EA Sports and the NFL.

I also feel that, in general, lawyers are bigger douches than lobby Madden players and they are the ones who will gain the most from any settlement. Why assist them?

Valid claims for the purchase of Madden NFL, NCAA Football, or Arena Football videogames for the Xbox, PlayStation 2, PC, or GameCube platforms (“Sixth Generation Purchasers”) will be valued at $20.37 per new game purchased, up to a total of eight units ($162.96). Valid claims for the purchase of Madden NFL, NCAA Football, or Arena Football videogames for the Xbox 360, PlayStation 3, or Wii platforms (“Seventh Generation Purchasers”) will be valued at $5.85 per new game purchased, up to a total of eight units ($46.80). The different amounts reflect the differences in the estimated overcharge for the various platforms, as determined by the economics experts hired by Plaintiffs to evaluate their claims.


The most interesting part. You could potentially receive $20.37 per new game you purchased on the Xbox, PlayStation 2, PC, or GameCube platforms yet only receive $5.85 for the more recent ones you would likely still have the physical copy for the X-Box 360, Playstation 3, or Wii. Hope you saved your GameCube receipts! What a joke.




So we can agree that this is a waste of time and we shouldn't bother?

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