Johnson v. Activision Blizzard: Video Game Addiction Complaint

• Document: Complaint (jury trial demanded)
• Case caption: Preston Johnson and Elizabeth Jones v. Activision Blizzard, Inc., et al.
• Court: U.S. District Court, Western District of Arkansas, Texarkana Division
• Docket number: No. 4:23-cv-04107-SOH
• Date filed: November 8, 2023
• Parties: Plaintiffs: Preston Johnson (21 at filing) and his mother, Elizabeth Jones. Defendants: Activision Blizzard, Infinity Ward, Treyarch, Sledgehammer Games, Microsoft, Epic Games, Roblox Corp., Mojang Studios, Xbox Game Studios, Rockstar Games, Rockstar North, War Drum Studios (Grove Street Games), Take-Two Interactive, and Doe defendants.
• Causes of action: Strict liability (design defect; failure to warn), negligence (design; failure to warn; failure to instruct; ordinary negligence), outrage, violation of the Arkansas Deceptive Trade Practices Act, deceit / fraudulent misrepresentation, deceit / fraudulent omission, fraudulent concealment, fraudulent inducement, civil conspiracy, and loss of consortium.

Transcribed from the complaint's Nature of the Action. These are the plaintiff's allegations.

The complaint alleges that "video game addiction, also called internet gaming disorder, is a condition characterized by severely reduced control over gaming habits and increasing priority given to gaming over other activities, resulting in negative consequences in many aspects of a person's life, including self-care, relationships, school, and work."

It alleges that the defendants "manufactured, published, marketed, and sold video games, gaming platforms, and/or gaming hardware" that they "had specifically developed and designed to cause the addiction experienced" by the plaintiff and other users, using "traditional game tactics such as feedback loops and reward systems, along with patented designs containing addictive features and technology to ensure its users keep playing longer and spending more on 'microtransactions' within the game."

The complaint further alleges that the defendants "design their games to keep consumers playing — and spending — by enlisting the help of behavioral psychologists and neuroscientists" and that, "by acquiring — and addicting — users when they are young," the defendants secure "their profit stream by ensuring future engagement and monetization as these young users age." It characterizes this as the use of "unfair, unconscionable, and deceptive trade practices and conduct that prioritizes gamer engagement and spending over gamer safety."

The plaintiff. The complaint alleges that, as a result of gaming addiction, Preston Johnson "experienced severe emotional distress, physical injuries, diminished social interactions, loss of friends, inability to limit game playing time, changes in eating patterns, a drop in grades and inability to attend school," which it alleges led to him "dropping out of high school in the tenth grade at age sixteen (16)," along with "a diagnosis of Major Depressive Disorder and Anxiety." It alleges he "requires out-patient counseling and medication to control impulsivity and lack of control."