LEGAL NEWSLINE

SAN FRANCISCO (Legal Newsline) - A class action lawsuit has been filed against Sony Computer Entertainment America after class members claim a video game's "native" graphics are not up to par.

PlayStation 4's Killzone: Shadow Fall does not have "native" 1080p HD graphics, according to a complaint filed Aug. 5 in the U.S. District Court for the Northern District of California.

Douglas Ladore claims Sony deceptively marketed Killzone: Shadow Fall for PlayStation 4

"In late 2013, Sony unveiled its latest video game console—the much-awaited PlayStation 4," the complaint states. "As part of its campaign to promote the PS4, Sony sought to show gamers—and the world—the technological capabilities of its new console. And to accomplish this goal, Sony elected to market Killzone as the PS4’s headlining video game."

According to Sony, Killzone was a graphically striking game set in a dystopian future that took full advantage of the PS4’s advanced processing power, according to the suit. Sony claimed that the PS4 was so powerful that its Killzone video game could display "1080p" multiplayer graphics, a crowning achievement in the video game industry, the suit says.

However, Ladore claims after the game’s release, gamers quickly noticed and complained that Killzone’s multiplayer graphics were blurry to the point of distraction.

"The cause of this blurriness went unknown until a well-respected video game website reported that Killzone’s multiplayer did not actually provide '1080p' graphics as advertised," the complaint states.

Following this discovery, Sony released an official statement on the matter, and, in it, Sony admitted that it did not in fact design Killzone to display multiplayer graphics in 1080p, but instead used a technological shortcut that was supposed to provide "subjectively similar" results, according to the suit.

Ladore claims Sony never advertised and convinced consumers to buy a technological shortcut, and, instead, through Killzone’s pre- and post-release marketing campaign, Sony advertised — and caused dozens of websites, gaming blogs and industry articles to report — that Killzone would provide unprecedented "native 1080p" multiplayer graphics.

"What’s more, Sony’s marketing culminated in on-the-box representations that Killzone would provide 1080p multiplayer graphics," the complaint states. "None of these promises were true."

The class action lawsuit seeks to prevent Sony from continuing to misrepresent Killzone’s technological specifications and performance capabilities and damages for those deceived into purchasing the video game under false pretenses, according to the suit.

Ladore claims had he known that Killzone's multiplayer mode was not running at a graphics resolution of 1080p, he would have not have purchased Killzone at all, or would have paid substantially less for it.

The class members in the suit include all persons in the United States who purchased a copy of Killzone: Shadow Fall, according to the suit.

Sony violated the Consumer Legal Remedies Act, the Unfair Competition Law and the False Advertising Law; breached its express warranties; fraudulently misrepresented and/or failed to disclose material facts regarding the game's graphics; and was unjustly enriched at the expense of the class members, the suit says.

Ladore is seeking class certification, compensatory damages and pre- and post-judgment interest. He is represented by Mark S. Eisen, Jay Edelson, Rafey S. Balabanian, Benjamin S. Thomassen and Amir Missaghi of Edelson PC.

The case has been assigned to District Judge Joseph C. Spero.

U.S. District Court for the Northern District of California case number: 3:14-cv-03530

From Legal Newsline: Kyla Asbury can be reached at classactions@legalnewsline.com.