Kyla Asbury Feb. 3, 2014, 4:49pm

RIVERSIDE, Calif. (Legal Newsline) - A class action lawsuit filed against Take-Two Interactive Software Inc. for the delayed launch of Grand Theft Auto V - Grand Theft Auto Online has been dismissed from federal court.

Take-Two is doing business as RockStar.

On Jan. 29, District Judge Virginia A. Phillips granted the defendant's motion to dismiss.

"Having found that plaintiffs have failed to identify misrepresentation on the GTA V packaging or to establish that 'members of the public [were] likely to be 'deceived' by the packaging...the court finds plaintiffs also cannot meet the actual reliance requirement," Phillips' opinion stated.

On Sept. 17, Bruce McMahon and Christopher Bengtson separately purchased GTA V for $59.99 with the intent, purpose and desire to use the game for online pay with other video game players, according to a complaint filed in the Superior Court of the State of California-County of Riverside on Oct. 4 and removed to the U.S. District Court for the Central District of California-Eastern Division of Nov. 6.

The plaintiffs claimed at the time of purchase, they were unable to play the game as an online experience with other players, as it was not available online as advertised. They claimed GTA V could only be played in single mode without the ability to interact with any other players.

"Plaintiffs would not have purchased the game, especially at the premium price, had they been informed and/or known that they would not be able to pay the game online with other video game players," the complaint stated.

Take-Two failed to provide a resolution to the problem and instead, simply notified video game players that the game would launch a multiplayer component on Oct. 1, according to the suit.

The plaintiffs claimed the defendant violated California law that prohibited unlawful, unfair or fraudulent business practices including false advertising and other statutes related to consumer protection.

The plaintiffs were seeking compensatory damages with pre-judgment interest. They were being represented by James R. Hawkins and Gregory E. Mauro of James Hawkins APLC and Rex P. Sofonio of Sofonio & Associates Inc.

Take-Two was represented by Keri E. Borders and Michael C. Lynch of Kelley Drye and Warren LLP.

The case was assigned to District Judge Virginia A. Phillips.

U.S. District Court for the Central District of California-Eastern Division case number: 5:13-cv-02032

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