Videogame Addiction Forced 11-Year-Old to Drop Out of School: Class Action

Apple and Roblox acted in concert to “distribute, market, supply,” and sell the Roblox online game platform via its App Store and via in-game downloadable content and in-game purchases to boost their revenues at the expense of consumers, alleged a video game addiction class action (docket 6:24-cv-00762) Wednesday in U.S. District Court for Middle Florida in Orlando.

Ramona Orellana, an Osceola County, Florida, resident, filed a liability claim against Roblox and Apple individually and on behalf of her son, A.O., an 11-year-old minor at the time of filing, who began playing video games at age 4. A.O. “has continued to play video games “at an increasing and uncontrollable pace since that time” on Roblox using an iPad or iPhone, said the complaint.

Videogame addiction is characterized by users' “severely reduced control over gaming habits” and their increasing priority given to gaming over other activities, which can negatively affect their self-care, relationships, school and work, the complaint said. Negative cognitive consequences of video game addiction, also called internet gaming disorder, include “excessive rage” and loss of enjoyment of other activities, it said.

Videogaming addiction causes rifts between parents and minors and young adults beyond those normally experienced, the complaint alleged. Its “harmful consequences” are expanding due to the availability of online and cloud gaming, and the “streaming of games on any device at any time," it said.

Defendants’ “intentional, negligent, deceptive, fraudulent, willful, immoral, reckless, and unlawful acts proximately caused A.O.’s brain damage,” alleged the complaint. He has also experienced “severe emotional stress, diminished social interactions, loss of friends, poor hygiene, weight gain and withdrawal symptoms such as rage, anger, and physical outbursts,” it said. A.O. will require treatment including out-patient counseling after dropping out of school and requiring home-schooling, the complaint said.

As a result of A.O.’s gaming addiction and harm caused by defendants’ misconduct, his “gamer’s rage and withdrawal symptoms” have affected Orellana, who has experienced “emotional distress, pain, suffering, mental anguish, and loss of money,” the complaint alleged.

The defendants manufactured, marketed and sold videogames and products that were “specifically developed and designed to cause the addiction experienced by A.O. and other users,” said the complaint. Though many games are free, game developers use addictive features and technology to ensure users play longer and spend more money on “microtransactions” within the game to grow their profits from individual games, it said.

Apple and Roblox design their games to “keep consumers playing -- and spending” -- by enlisting behavioral psychologists and neuroscientists to collect data they can use to make games “as addictive as possible” to minors, young adults, and “neurodivergent individuals,” the complaint alleged. One way defendants make their games addictive is by encouraging “long-term extended game play,” despite knowing that extended play “causes physical harm to the human brain -- and particularly to a minor’s developing brain,” the complaint said. By making videogames addictive, the defendants are able to maximize profits after the original purchase or download, the complaint said.

Within the games, the defendants offer “significant opportunity to purchase downloadable game products” via in-game microtransactions that allegedly give players an advantage in the game, said the complaint. Microtransaction spending “can easily -- and quickly -- add up to hundreds, or even thousands, of dollars,” it said. In 2023, the videogame industry’s revenue was $365.6 billion globally, it said. The industry has “thrived from in-game purchases,” which make up nearly a third of total gaming revenue, the complaint said.

Orellana asserts liability and negligence claims for design defect and failure to warn; gross negligence; intentional and negligent infliction of emotional distress; fraudulent and negligent misrepresentation; civil conspiracy; aiding and abetting; and loss of consortium. She seeks compensatory, actual and statutory damages; attorney’s fees and legal costs; and pre- and post-judgment interest. The defendants didn't comment Thursday.