Are game developers liable for negligent or intentional misrepresentation of their games?

Yes, game developers can be liable for negligent or intentional misrepresentation of their games in New Hampshire. As in many states, the New Hampshire Consumer Protection Act (NH RSA 358-A) protects consumers from deceptive and unfair trade practices from businesses, which include game developers. This law prohibits game developers from engaging in false, deceptive, or misleading advertisement of their games, or any statement regarding the nature, characteristics, qualities, or geographic origin of the game, which misrepresents the game or its products. Game developers must also ensure that any representations regarding the game’s design, rules, or level of difficulty are accurate. If a game developer falsely represents a game, or omits or misrepresents material facts regarding the game, consumers can pursue legal action. In New Hampshire, consumers can potentially recover compensatory damages, attorney fees and costs, and other relief as determined by the court. In addition, New Hampshire has enacted the Video Game Consumer Protection Act, which requires game manufacturers, retailers, and distributors to disclose clear and accurate information to consumers about the games they are selling. The Act makes it clear that game developers must be transparent about any material defects in the game or its software, as well as the effects of a malfunctioning game. Violating this law could result in contract violation, product liability, and other legal consequences for the game developer. Overall, game developers are responsible for ensuring that any and all representations they make about their games are accurate and that the products they offer meet consumer expectations. If they fail to do so, consumers in New Hampshire can hold them legally liable.

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