Are game developers responsible for false advertising in their games?

In Texas, game developers may be responsible for false advertising in their games. This responsibility falls under the Texas Deceptive Trade Practices-Consumer Protection Act or DTPA. This act prohibits deceptive and false advertising, meaning any statement that is fake, misleading, or false regarding the quality, features, or benefits of a product or service. If a game developer falsely advertises a game and a consumer purchases the game because of the false advertising, the consumer may have a claim against the game developer. In order for a consumer to have a successful case, they must be able to prove the following: (1) the advertisement was false or misleading; (2) the consumer relied on the false or misleading advertisement when making their decision to buy the game; (3) the game developer was aware of the false or misleading advertisement; and (4) the consumer suffered actual damages due to the false advertisement. If these elements are met, then the consumer may be able to recover economic damages from the game developer. The consumer may also be able to recover non-economic damages, such as emotional distress, in some cases. In short, game developers in Texas can be liable for false advertising in their games. To protect themselves from liability, game developers should be sure to only make truthful statements about their games and be sure to have appropriate disclaimers.

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