Parents vs. Gaming Giants: Lawsuits Over Video Game Addiction

I grew up playing video games. I remember being around 6, sitting on my dad’s lap as he walked me through the ins and outs of Half Life; battling the pixelated failed science experiments. Later, my sister and I would fight over the colorful controllers of our Nintendo 64, and I am pretty sure I was the first girl to have an Xbox 360 in my school. Now, as a 30-something, I still find myself drawn to the latest consoles, game releases, and gaming trends, but games and how they are played are very different now.

“Back in my day…” We had one computer in the family ‘computer room’. We had dial-up, so there was no way my parents would let us tie up the phone lines all night with an online game. Cell phones were the original Nokias, and Snake was the biggest flex. Sure, we had GameBoys, but you had to buy a separate light to be able to play all night in the dark. I consider myself lucky that I did not have the instant gratification that there is with gaming today. With new inventions in virtual reality and with the emergence of products like Backbone, millions of other worlds are available - literally - at your fingertips, and I believe growing up in this age, I would have easily gotten lost in these other worlds at the detriment of what was happening in my real world. Apparently, I am not the only one - and this is actually happening to young generations today.

All over the US, parents are taking a stand against gaming giants, such as Epic Games, Roblox Corporation, EA, and Mojang Studios. These companies are responsible for games everyone has heard of, such as: Fortnite, Roblox, Minecraft, Sims, Madden NFL, and Gears of War

One notable lawsuit, filed by Josh and Tawney Jameson on behalf of their 14-year-old son, highlights the devastating impact of these addictive designs. The Jamesons allege that their son, L.J., spent approximately 6,000 hours playing Roblox, resulting in a diagnosis of ADHD, depression, and severe video game addiction. The complaint argues that the game was purposefully designed to captivate young players and encourage excessive spending on in-game purchases. 

The addictive nature of these games is no accident, according to experts. Developers employ sophisticated algorithms and psychological principles to maximize player engagement and spending. Tactics such as variable reward schedules, in-game achievements, and social validation mechanics are designed to trigger dopamine responses in the brain, creating a cycle of dependency. These methods are alarmingly effective, particularly on the developing brains of children and adolescents, leading to significant behavioral and mental health issues.

In Arkansas, a class action involving multiple families alleges that games like Fortnite and Call of Duty have caused substantial harm to their children's well-being. Similarly, a Missouri lawsuit alleges that the developers created products that are "specifically designed to cause addiction" and "rely on minors and young adults becoming addicted to their video games so they play for more hours and spend more money on microtransactions"​.

Studies cited in these lawsuits indicate structural changes in the brain, which are linked to impaired cognitive functions and emotional regulation. Symptoms of this addiction include an inability to control gaming habits, preoccupation with gaming, withdrawal symptoms when not playing, and the neglect of other activities and responsibilities. The parents involved in this suit have also reported their children exhibiting aggressive behavior, loss of impulse control, and significant declines in academic performance​. Despite the industry's denials, the evidence presented in these lawsuits certainly shows the ‘dark side’ of the gaming industry.

For attorneys considering involvement in this suit, the stakes are high, but successful litigation could lead to significant reforms in game design practices, including the implementation of stringent parental controls, more transparent communication regarding the risks of gaming, and potentially substantial financial compensation for affected families. Furthermore, these cases could set critical legal precedents regarding the accountability of developers for the well-being of their users, particularly minors.

As the legal landscape evolves, it is imperative for attorneys to understand both the intricacies of these claims and the broader implications for consumer protection. The fight against video game addiction is not just about seeking justice for individual families; it is about challenging a powerful industry to prioritize the health and well-being of its most vulnerable users over profits. In doing so, attorneys can play a pivotal role in shaping a safer, more responsible gaming environment for future generations.

The legal battle against video game addiction is gaining momentum, and now is the time for dedicated attorneys to step up and make a difference. By holding game developers accountable, we can ensure that the digital playground is a safe space for all to enjoy.

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