Nintendo has been sued in the state of California over its use of loot boxes in the mobile game Mario Kart Tour.
But beyond their personal grievances, the plaintiffs are also seeking refunds for all minors in the U.S. who paid for the spotlight pipe, citing unethical business practices as the reason. The game implements “dark patterns,” which the Federal Trade Commissionbeing copious amounts of required grinding to unlock the equivalent of in-app purchases.
Additionally, N.A. and his father argue that the system particularly targeted young people. With the game being marketed to attract young players and with little in-game age gates for purchases, the suit claims that, intentionally or otherwise, young people were a target for lootbox sales, which is particularly concerning due to the greater vulnerability of young people to such mechanics.
“As with other lootbox games, [Nintendo’s] lootbox mechanism capitalized on and encouraged addictive behaviors, akin to gambling,” the lawsuit says. “Minors are especially susceptible to these addiction-enhancing elements of game design. The experience of acquiring surprise rewards and the associated excitement of uncovering unexpected in-game items holds a strong appeal for minors and reinforces their desire to keep playing and keep getting rewards.
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