Virtual Legality
Virtual Legality is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
IS THIS FRAUD? | False Advertising and Vampire: The Masquerade Swansong (VL735)
In this episode, Richard Hoeg analyzes the legality of certain upgrade claims in the gaming industry. He explores if these can be considered fraud and discusses the role of the FTC in regulating such practices.
Key Points
- Richard Hoeg discusses a case of potential false advertising regarding the game "Vampire: The Masquerade - Swansong," where the physical PS4 version was sold with a promise of a free PS5 upgrade that was not honored by the publisher, Nacon.
- He explains the nine elements of common law fraud and how they might apply to this case, suggesting that consumers who purchased the game based on the advertised free upgrade could potentially have a strong legal claim.
- Hoeg also covers the role of the Federal Trade Commission (FTC) in protecting consumers against deceptive advertising and how it might view the case if the advertisement for the free upgrade was found to be intentionally misleading.
Chapters
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Transcript
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