James A. Byrne U.S. Courthouse in Philadelphia
PHILADELPHIA – Pennsylvania could soon become the home for lawsuits blaming video games for a variety of emotional problems facing kids.
Recently filed cases target games like Roblox and Minecraft, and it is possible they soon will be consolidated in Philadelphia federal court. The Judicial Panel on Multidistrict Litigation is reviewing a Sept. 25 request by one of the plaintiffs to have the cases heard there.
Another MDL formed last year claims an industry-wide conspiracy to turn children into video-game addicts. The cases now in question are filed against Fortnite-maker Epic Games, Roblox and Microsoft and its subsidiary Mojang, who make Minecraft.
They allege these companies used child-development experts and psychologists to manipulate kids’ brains to make them want to play compulsively.
“Defendants’ actions were extremely successful and generated billions of dollars in revenue at a significant cost – innumerable children suffering from video game addiction that manifests in physical, psychological and/or economic injuries that may include… self-harm, emotional lability, depression, anxiety, impaired academic performance, diminished social interactions and the need for medical and/or psychological treatment,” attorneys at Grant & Eisenhofer wrote.
The firm made a special request that Judge Mia Roberts Perez handle the MDL. As of Sept. 25, there were 17 lawsuits filed by 18 firms in seven jurisdictions.
Another was filed last week by two firms – Ketterer, Browne & Davani and Burg Simpson – in Philadelphia federal court. It says the more a minor plays a video game, the more he or she wants to play. That includes in-game purchases that give the defendants a financial incentive to create addicts.
Roblox, Fortnite and Minecraft “are among the first online video games children play and the catalyst to an addiction cycle and disordered relationship with video games,” the suit says.
Their plaintiff, who lives in Philadelphia, already has diminished social interactions and a lack of interest in other hobbies. When they aren’t allowed to play, they go through rage, anger and physical outbursts, the suit says.
The plaintiff, known as S.S.M., started playing Roblox and Minecraft at six years old and three years later took up Fortnite. They are now 16 years old.
The suit cites research that shows extensive gaming has a severe impact on a growing brain, particularly through an “intense dopamine release” similar to substance abuse or gambling.
Algorithms analyze each gamer to reach a “flow state” during which time they are “bombarded with solicitations to purchase additional in-game downloadable game content.”
One plaintiff has responded to the transfer request to argue the cases belong in Northern California, where six cases have been filed and Roblox is headquartered. S.S.M.’s case is at least the seventh in Philadelphia, with another in Scranton.
In Los Angeles, a state court judge has consolidated 26 cases against Apple, Google and Sony. There appears to be a dispute between plaintiffs and defendants as to whether the user agreement to play these games includes a valid arbitration clause.
In the other federal MDL, claims against Epic, Roblox, Microsoft and Mojang have all been dismissed or stayed pending arbitration.
It’s certainly not the only legal issue facing Roblox, which faces claims children are made susceptible to predators because of a lack of safety features. Multiple state attorneys general have sued the company, as have families and investors.
