Posted by John on November 18, 2011

PS3 Battlefield 3 Fans to EA: You’ve Been Served

After being promised a free copy of Battlefield 1943 with their purchase of Battlefield 3, PS3 fans are suing EA after the publisher changed the terms of the deal after the fact.

  • Chris Holt

  • by
    Chris Holt
  • November 18, 2011 16:46 PM PT

Battlefield Fans to EA: We're Suing You

Electronic Arts promised Battlefield fans that if they bought a PS3 copy of Battlefield 3, they’d also get a free copy of Battlefield: 1943. Then EA pulled the proverbial football from the running PS3 fans, making them fall on their backs like proverbial Charlie Browns. EA reneged on the free Battlefield 1943 offer and instead said that PS3 players would get early access to DLC content. But, as Kotaku points out, EA made this announcement after the game had been released. This, not surprisingly, didn’t sit well with PS3 fans.

The class action suit against EA is being taken to court by firm Edelson McGuire on behalf of PS3 Battlefield 3 fans. The suit actually isn’t about EA going back on its 1943 offer, but instead alleges that the publisher announced the deal change so late (after the game had been released) that PS3 owners basically were duped into purchasing the game on that platform instead of the Xbox 360 or PC. The suit also discusses how the “make up” deal was in fact anything but– considering that the DLC announcement was made separately and did not include references to 1943.

According to Kotaku, the suit alleges that EA “misled and profited from thousands of their customers by making a promise that they could not, and never intended, to keep.” By offering 1943 as an incentive to purchasing Battlefield 3 on the PS3, EA funneled players to the platform under false pretenses and using manipulative marketing tactics– essentially making promises they had no intention of keeping. This of course sets a dangerous precedent for future marketing deals. Imagine being offered a free DLC or an enclosed copy of another game (heck, maybe even the mulitiplayer component of a game) only to find out that the publisher has backed out of the deal.

Battlefield Fans to EA: We're Suing You

So what’s the likely outcome of the case? The attorneys at Edelson McGuire are likely hoping that EA will fold and grant PS3 players the copy of Battlefield 1943 they were promised. And for the sake of future precedent, let’s hope the courts agree.

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