NEW YORK (Legal Newsline) - A New Jersey woman is suing the operators of an online role-playing game for children, alleging the site's terms of use contain illegal provisions.
Bronwyn Nahas of Paramus, New Jersey, individually and for all others similarly situated, filed a class action lawsuit April 18 in U.S. District Court for the Southern District of New York against Sandbox Networks Inc., alleging violations of the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act.
The suit alleges the terms of use on the defendant's website, www.poptropica.com, contain illegal provisions that violate consumers' legal rights, attempting to limit consumers' entitlement to consequential damages for personal injuries and limit the defendant's own liability for intentional and wanton acts.
The lawsuit states the terms of use also attempt to impose New York law on New Jersey consumers' claims, and do not specify when certain exclusions are or are not void, unenforceable or inapplicable in New Jersey.
Nahas and others in the class seek a jury trial, restitution and disgorgement, a judgment of at least $100 per violation for each class member, injunctive relief, attorney fees and costs. They are represented by attorney Wayne S. Kreger of the Law Offices of Wayne Kreger in New York.
U.S. District Court for the Southern District of New York Case number 1:16-CV-02864-LAK