[News] Bethesda sued because Fallout 4's all-inclusive Season Pass did not include everything

[Dark-ImmoRtal^]

 

Bethesda and parent company Zenimax Media are facing a class-action lawsuit concerning the DLC for Fallout 4, which is currently in the discovery phase. The action was launched in 2019 and revolves around Fallout 4's Season Pass, which was sold before the game's release with the following promise: “To reward our most loyal fans, this time we’ll be offering a Season Pass that will get you all of the Fallout 4 DLC we ever do for just $30 [...] Based on what we did for Oblivion, Fallout 3, and Skyrim, we know that it will be worth at least $40, and if we do more, you’ll get it all with the Season Pass.”

 

 

That seems pretty unambiguous, and Fallout 4 was released with the Season Pass in 2015 to great commercial success. In 2016 Bethesda increased the price of the Season Pass to $50. And then, in 2017, it announced the launch of the Bethesda Creation Club: “a collection of all-new content for both Fallout 4 and Skyrim. It features new items, abilities, and gameplay created by Bethesda Games Studios and outside development partners including the best community creators. Creation Club content is fully curated and compatible with the main game

 

 

and official add-ons.”

 

The Creation Club content was not included in the Fallout 4 Season Pass.

Venturebeat has a comprehensive report in which it speaks to one of the plaintiffs in the case, Jacob Devine, who bought the Season Pass in 2019 for $50 when it was still being advertised as offering "all Fallout 4 DLC for one S.P.E.C.I.A.L. price." The suit traces back to June 2019, when Devine's mother Suzanne filed against Bethesda in Maryland.

 

 

 

 

ilippo Marchino is one of the attorneys at the X-Law Group who is bringing the suit. "[The Creation Club] clearly is downloadable content,” Marchino told Venturebeat. “It walks like a duck, quacks like a duck. So it is DLC. They try to slap a sticker on it and call it Creation Club content to remove it from the purview of the people that had already bought the Season Pass. But that’s artificial in nature. And it’s part of the fraud.”

 

 

The lawsuit charges Bethesda with a bunch of behaviours including breach of contract, unjust enrichment, deceit or fraud, fraudulent concealment, and negligent misrepresentation, among other things. One wild aspect of it is the damages being sought: “It’s a multibillion-dollar lawsuit," Marchino claims. “Even a conservative multiplier of four or five times the damages would yield multibillions of dollars in damages.”