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Alleges developer and publisher intentionally used false advertising.
Developer Aspyr Media and publisher Saber Interactive are facing a class action lawsuit regarding the cancelled DLC for the Nintendo Switch port of Star Wars: Knights of the Old Republic 2.
The lawsuit was filed on 8th July, as spotted by The Gamer, by a singular plaintiff on behalf of himself and class members, defined as “all persons in the State of California who purchased KOTOR for Nintendo during the relevant statute of limitations period, i.e. four years prior to the filing of the Complaint until present”.
KOTOR 2 released on 8th June 2023 for Switch. It was initially advertised with plans to add a fan-made mod which restores content to the original game as DLC. On 3rd June 2023, Aspyr announced it was cancelling the Restored Content DLC and offered a “complimentary” key from a selection of other Star Wars games to those who had pre-purchased KOTOR 2.
In Mickelonis et al. v. Aspyr Media, Inc. and Saber Interactive, Inc., the plaintiff states he “felt completely duped” by Aspyr’s advertisements claiming the DLC would be released (the filed complaint can be read on Truth In Advertising). “Plaintiff did not even play KOTOR after purchasing it,” the complaint reads, “instead choosing to wait until the Restored Content DLC was released.”
The filed complaint also makes reference to the fact that refunds were not offered to pre-purchasers who changed their mind because of the cancelled DLC. Mickelonis alleges Aspyr Media and Saber Interactive intentionally deceived consumers “in order to artificially raise sales revenues by selling more KOTOR games and being able to market KOTOR at above-market prices based on qualities and features that the game simply did not possess”.
Aspyr and Saber now have until 4th October to respond to the complaint, which seeks a payout covering the plaintiff’s legal fees, and to stop the two companies from “selling and distributing KOTOR with the deceptive and false advertising” as alleged.
