Ill. Parent Sues 15 Videogame Firms for Promoting 'Internet Gaming Disorder'

Videogame software and hardware companies manufactured, published, marketed and sold gaming products “specifically developed and designed to cause the addiction" experienced by minors and other users, alleged a 19-count complaint Wednesday (docket 1:23-cv-16566) against 15 defendants in U.S. District Court for Northern Illinois in Chicago.

Plaintiff Jaclyn Angelilli, a Kane County, Illinois, resident, filed suit on behalf of her 9-year-old son, D.G., who began playing videogames when he was 6 years old, the complaint said. Defendants are Activision Blizzard, Infinity Ward, Treyarch, Sledgehammer Games, Raven Software, Microsoft, Epic Games, Roblox, Grove Street Games, Rockstar Games, Take-Two Interactive Software, Sony Interactive Entertainment, Nintendo of America, Google and Apple.

Videogame addiction, also called “internet gaming disorder,” is characterized by “severely reduced control over gaming habits and increasing priority given to gaming over other activities, resulting in negative consequences in many aspects of a person’s life, including self-care, relationships, school, and work,” said the complaint. The addiction causes “rifts between gaming-addicted minors” and their loved ones, beyond those normally experienced between children and parents, it said.

The defendants use tactics such as feedback loops and reward systems and “patented designs containing addictive features and technology to ensure its users keep playing longer and spending more on ‘microtransactions’ within the game," said the complaint. Defendants rely on microtransactions to boost their profits from individual games, it said. Microtransactions often occur as a result of defendants’ use of fake avatar “friends,” targeted ads or “other deceptive tactics built into their games,” the complaint said. The more players come back to play, the more likely they are to spend more money within the game, it said.

As a result of the gaming addiction, D.G. has experienced “severe emotional distress, diminished social interactions, loss of friends, poor hygiene” and “withdrawal symptoms,” including rage, anger and physical outbursts, said the complaint. He has been diagnosed with attention deficit hyperactivity disorder, and oppositional defiant disorder, it said. D.G. requires outpatient counseling, private tutoring and a Section 504 educational plan at school for students with disabilities, it said.

D.G.’s mother, plaintiff Angelilli, has been the victim of her son’s “gamer rage” and withdrawal symptoms, which “instill fear in her," said the complaint. She has experienced “emotional distress, pain, suffering, mental anguish, and loss of money” as a result of her son’s gaming addiction, it said. Angelilli also seeks redress on her own behalf, seeking damages for “loss of society and companionship” and for economic injuries and losses as a result of her son’s gaming addiction caused by defendants’ “intentional,” “immoral,” “reckless” and “unlawful” acts, it said.

Videogame addiction and its consequences are expanding “due to the advent of online gaming, cloud gaming, and streaming of games on any device at any time,” said the complaint. Minors have “unfettered access to 'free’ games that target consumers to buy products within the game either to keep playing or for other game perks,”it said.

Defendants are exploiting consumers , particularly minors and young adults, through the use of unfair, unconscionable and deceptive trade practices and conduct that prioritizes gamer engagement and spending over gamer safety, the complaint said. Both plaintiffs have been injured and harmed as a result of defendants’ “actions and misconduct” and are entitled to compensation and damages under Illinois law, it said.

Causes of action include strict liability for design defect, failure to warn and failure to instruct; negligence of design, failure to warn and failure to instruct; negligence, gross negligence and negligence per se; intentional and negligent infliction of emotional distress; violations of Illinois’ Consumer Fraud and Deceptive Trade Practices and Uniform Deceptive Trade Practices acts; negligent and fraudulent misrepresentation and inducement; civil conspiracy; and in-concert liability, the complaint said.

Plaintiff Angelilli, on behalf of herself and son D.G., seeks compensatory damages in an amount to be determined at trial based on the extent of D.G.’s injuries, the reasonable expenses and present value of his medical care and expected future ones under the Family Expense Act; loss of “normal life”; present and future pain, suffering and mental anguish; and present and future expenses associated with help required in D.G.’s home or school. Angelilli seeks an award of compensatory damages for herself for mental anguish, emotional distress, pain and suffering.

In addition, plaintiffs seek actual damages for economic and pecuniary loss; punitive damages; injunctive relief; attorneys’ fees and legal costs; and pre- and post-judgment interest.