Edelson LLC on behalf of their client Damion Perrine has filed a lawsuit against Gearbox and Sega in California. Polygon reports that the suit contends that Gearbox and Sega falsely advertised Aliens: Colonial Marines by showing demo footage that differed, sometimes in vast ways, from the final game.
“Each of the ‘actual gameplay’ demonstrations purported to show consumers exactly what they would be buying: a cutting edge video game with very specific features and qualities,” the claim reads. “Unfortunately for their fans, Defendants never told anyone – consumers, industry critics, reviewers, or reporters – that their ‘actual gameplay’ demonstration advertising campaign bore little resemblance to the retail product that would eventually be sold to a large community of unwitting purchasers.”
The suit also accuses Sega of using the press review embargo to surpress the information that consumers needed to make an informed purchasing decision. The filing seeks damages for people that bought the game on the release day, or as a preorder.
Sega Europe added a disclaimer to video footage of the game on April 3rd after a customer filed a complaint with the UK’s Advertising Standards Agency.
“Sega Europe acknowledged your objection that the trailers did not accurately reflect the final content of the game. They agreed to add a disclaimer, both on their website and in all relevant YouTube videos, which explains that the trailers depict footage of the demo versions of the game.”