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Activision's termination of 'Guitar Hero TV' spurs false advertising lawsuit

Lawsuits

By Jenie Mallari-Torres | Sep 28, 2018

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LOS ANGELES (Legal Newsline) – A Vermont man has filed suit over the termination of "Guitar Hero TV."

Robert Fishel filed a complaint on behalf of himself and all others similarly situated on Sept. 18 in the U.S. District Court for the Central District of California against Activision Publishing Inc. alleging violation of the Consumer Legal Remedies Act, False Advertising Law and other counts.

According to the complaint, the plaintiff purchased a bundled copy of "Guitar Hero Live" video game product for Apple TV and iOS in September 2017. He alleges he relied on the defendant's "representations indicating that the 'Guitar Hero Live' product had a GHTV component, and was enabled for online play, for an indefinite period of time or, at least, a reasonable length of time from the date of release," the suit states.

The defendant announced in June it would shut down the "Guitar Hero TV" online service and its servers in December 2018, the suit states. The plaintiff alleges he would not have purchased the product had he known the defendant would shut it down.

"Defendant engaged in its advertising and marketing campaign with intent to directly induce consumers, including plaintiff and the class members, to purchase the products based on defendant’s false and misleading representations and omissions," the suit states.

The plaintiffs hold Activision Publishing Inc. responsible because the defendant allegedly failed to provide consumers with the full value of their purchased products, charged premium prices for goods and services that were discontinued, and failed to disclose to consumers the material fact that they might shut down services after the launch of the products.

The plaintiffs request a trial by jury and seek judgment against defendant, to certify class action, declaratory and injunctive relief, costs, expense of suit, interest and further relief as the court may deem just. He is represented by Michael R. Reese and George V. Granade of Reese LLP in New York, New York; Jason P. Sultzer of The Sultzer Law Group PC in Poughkeepsie, New York; and David R. Shoop and Thomas S. Alch of The Sultzer Law Group PC in Beverly Hills, California.

U.S. District Court for the Central District of California case number 2:18-cv-08092

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U.S. District Court for the Central District of California

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