Social Gaming Litigation

Swift v. Zynga Game Network, Inc., et al., Case No. C 09-05443 EDL (N.D. Cal.)

Wexler Wallace LLP, with co-counsel, recently filed a nationwide class action lawsuit against Zynga Game Network, Inc. ("Zynga") and Facebook, Inc. ("Facebook") in the Northern District of California on behalf of all consumers who were charged for subscriptions to goods or services through deceptive advertisements and offers on the Facebook social networking site. Zynga develops and produces popular social networking games such as Mafia Wars, YoVille!, and FarmVille that are played on Facebook as well as on MySpace. Consumers can obtain "virtual currency" to purchase online goods, unlock new levels or increase their enjoyment of Zynga's games by responding to Zynga's online advertisements or offers. However, such advertisements and offers are deceptive in that, by responding to them, consumers are subscribed to goods and services for which they are charged fees on a recurring basis without their knowledge or meaningful consent. Moreover, consumers who manage to discover such charges are unable to cancel their subscriptions or face significant obstacles in canceling and obtaining any refund.

For example, a consumer may obtain virtual currency by responding to an online "IQ test," the results of which are provided to the consumer via cell phone text message. However, by responding to the advertisement and entering their cell phone number, the consumer unwittingly becomes subscribed to a text messaging service for which they are charged recurring monthly fees through their cell phone bill. In addition, such advertisements or offers provide little or no information about these charges or that any charges will be incurred. Indeed, Zynga represents that the goods and services offered to consumers are "risk free."

Facebook, the largest social networking site in the world, participates in this unlawful marketing scheme by sharing a substantial portion of the revenue generated from Zynga's misleading advertisements. Furthermore, Facebook promotes Zynga's games to Facebook users despite being aware of the false and misleading nature of Zynga's advertisements and special offers.

If you would like more information about this action, please complete our online form or call our Sacramento Office at 916-492-1100.

For a copy of our complaint, click here.