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NEWS: Niantic Faces Class-Action Lawsuit for Pokémon GO Fest Event


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Badcrazy



Joined: 26 Oct 2011
Posts: 31
PostPosted: Sun Aug 06, 2017 6:05 pm Reply with quote
When I read the headline my first thought was really now? After reading it though they should get their money back. I would be so pissed going all the way there for nothing.
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AksaraKishou



Joined: 16 May 2015
Posts: 1410
Location: End of the World
PostPosted: Sun Aug 06, 2017 6:10 pm Reply with quote
Badcrazy wrote:
get their money back.


That's a bit ehh tbh. Cause Niantic isn't taking their money away. It's like, i travel to another country for a concert, but the thing is canceled. They will proceed to give my money back BECAUSE i bought the tickets. Pokemon Go players didn't pay jack to be there.
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Nakurawari



Joined: 30 Dec 2013
Posts: 265
Location: Ireland
PostPosted: Sun Aug 06, 2017 6:31 pm Reply with quote
I'm Iffy on this. On one hand, it does suck to go all the way somewhere and find out that the event is cancelled. On the other hand, it's not like they aren't getting refunding for admission. It's not like Niantic is getting all of the travel money people spent. To conclude, shit happens.

Last edited by Nakurawari on Sun Aug 06, 2017 6:50 pm; edited 3 times in total
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Kebble



Joined: 19 Aug 2011
Posts: 70
PostPosted: Sun Aug 06, 2017 6:31 pm Reply with quote
Good luck with that. No court anywhere in the United States is going to rule in favor of the plaintiff(s) and demand reimbursement for their travel expenses. Look, even if they can prove that they only traveled to attend the Pokemon Go Fest (which would be irrelevant, in most cases, anyway), Niantic is not liable for technical difficulties that arose as the result of high internet traffic, not when they can present the judge with evidence that they tried to work with local ISPs in order to accommodate the large crowds that were expected to attend the event, and point out the fact that more people attended than were allowed in.

Sadly, this is a case of someone approaching a lawyer who is more than happy to take their money and roll the dice by suing a multi-million dollar company for free publicity. I mean, maybe, just maybe, if you create enough media buzz about what happened at the Pokemon Go Fest in Chicago, and rub enough salt in their wound, then Niantic will settle. But that is doubtful, because they would be opening themselves up to future lawsuits, as well.
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Dr.N0



Joined: 04 Oct 2012
Posts: 149
PostPosted: Sun Aug 06, 2017 6:46 pm Reply with quote
Quote:
Niantic offered refunds for the price of admission

It seems like they did pay to have access to the event, though.
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Hagaren Viper



Joined: 28 Apr 2011
Posts: 764
PostPosted: Sun Aug 06, 2017 6:55 pm Reply with quote
To be fair, tickets did have to be bought to attend the event and you wouldn't be able to see the exclusives without scanning the QR code on the ticket. But still everyone who attended got their ticket reimbursed, $100 of in game currency, a free legendary Pokemon, increased spawn radius for exclusive spawns and 100% capture rate for raid legendary Pokemon. The perks they added for catching Pokemon were also extended from just the weekend to about a week for all players as well. People likely got more in-game content than if Niantic and co. hadn't screwed things up. I'm sure it was a bummer for a lot of people, but they can't act like they didn't get anything out of it.
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LimeCatMaster



Joined: 25 Jul 2017
Posts: 16
PostPosted: Sun Aug 06, 2017 8:09 pm Reply with quote
I doubt this will actually go anywhere. Granted, I'm no expert on legal matters in regards to class action suits, but if possible, I would not be surprised if it never made it to court. Niantic pretty much covered any costs they could really be held liable for. They refunded cost of admission and gave out a bonuses, though non-monetary. Sometimes when you personally spend money on events, there may be costs associated with the event that isn't actually directly tied to said event - like travel. If that event turns out to be disappointing, or even disastrous, unless the event was negligent to the point of being harmful, sorry, but you're gonna have to accept that you lost that money on travel. Niantic is in no way liable for travel expenses of those that went.
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Sevokevo Royuki



Joined: 15 Jul 2012
Posts: 284
Location: Texas
PostPosted: Sun Aug 06, 2017 9:38 pm Reply with quote
I am also on the side of Niantic. I agree that this case should be thrown out. If this was to go through and Niantic has to pay back all 20,000 people travel expenses to get there and back. They business would go under for sure. $300 to $600 per person times 20,000. Yeah. But for Niantic to save themselves they should show evidence that they were working with the Carriers but it all failed in the end.
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Kougeru



Joined: 13 May 2008
Posts: 5527
PostPosted: Sun Aug 06, 2017 10:19 pm Reply with quote
Kebble wrote:
, Niantic is not liable for technical difficulties that arose as the result of high internet traffic, not when they can present the judge with evidence that they tried to work with local ISPs in order to accommodate the large crowds that were expected to attend the event, and point out the fact that more people attended than were allowed in.



This is not the case. The INTERNET traffic wasn't high. Their servers failed. As well as the LOCAL ISP "servers", They're partially to fault since their servers failed. The ISP issue was caused by the event, and could possibly be ruled as a factor due to the fact that the issues came about because of the event. They should've "Worked with the ISPs" before the event even started, not after the fact. People do deserve their money. If it was just "internet issues", that's one thing. But it wasn't. It was their specific servers.
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Mr. Oshawott



Joined: 12 Mar 2012
Posts: 6773
PostPosted: Sun Aug 06, 2017 11:03 pm Reply with quote
Niantic is in for a hard battle concerning this lawsuit. Sure, they did refund disgruntled customers' money and PokéCoins, but that still isn't enough, since most people spent hundreds of dollars worth of travel and hotel expenses to attend Pokémon GO Fest, only for their have their experience ruined due to insufficient Wi-Fi service, excessively long lines, and unsuitable seating conditions.

Hopefully they'll decide to settle out of court for a reasonable reimbursement.
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belvadeer





PostPosted: Sun Aug 06, 2017 11:14 pm Reply with quote
I feel like this is a case of entitlement issues being blown out of proportion now.
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MagusGuardian



Joined: 05 Nov 2007
Posts: 589
PostPosted: Sun Aug 06, 2017 11:50 pm Reply with quote
well atleast it wasn't as bad as fyre fest
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NateSelwyn25



Joined: 20 Nov 2014
Posts: 141
Location: Seattle
PostPosted: Mon Aug 07, 2017 1:22 am Reply with quote
What happened sucked, but these guys are gonna be laughed out of the courtroom. And, sorry not sorry, you've either got a ton of money or to burn or brain cells to burn to fly to another country to get some exclusive crap for a mobile game.
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XSp



Joined: 23 May 2014
Posts: 255
PostPosted: Mon Aug 07, 2017 3:10 am Reply with quote
I feel for those who traveled there and had a bad experience, but I highly doubt a class action lawsuit will render anything worth it.
It's highly unlikely that any court is gonna take it, and I think people are getting fooled into signing this up before proper consideration of what the lawsuit is stating.

Here's the overall problem: Nyantic actually went above and beyond with refunds, extra benefits and whatnot for the event's connectivity problems, they didn't cancel it, they had staff there from beginning to end... so it'll be hard to prove there was any ill intention on their part. Even if it was crappy as hell, the fact is that they still held the event... lawsuits against the event itself could be done in terms of what the contract stipulated. If Nyantic didn't even stipulate on contract that they were going to guarantee connectivity services and whatnot, it gets even worse.

There might be some room for false advertisement, but even that is a bit doubtful. Server connectivity is their own problem, but I think partially responsible is also celular connectivity issues, which also wouldn't be their fault. So the lawsuits gets further dilluted and weakened.

More importantly though, no event happening anywhere in the world could be held responsible for separate traveling expenses of fans. It's unfortunate for people who took a trip there, but it's how things are. I heard of fans filing class action lawsuits that included travel expenses, stuff like hotel costs and whatnot for concerts and events that were cancelled in the last minute with shady excuses, but even for extreme cases like those (keywords: cancelled, shady reasoning), I've never heard of wins on the travel and expenses side. It usually ends up with a deal for ticket refunds and not much more over that.

This is the key claim and issue. The only possible way this could work was if Nyantic sold bus/plane tickets, explicitly guaranteed server connectivity for all without trouble, at the expense of them paying back the full package if it didn't happen. They'd need to have full responsibility over the entire package.

But I highly doubt this was the situation. If people getting into this lawsuit bought tickets online and planned a trip to be there on time by themselves, it is highly unlikely that Nyantic will be held liable for separate costs they didn't contractually incur.

Anything other than a full package specifically stipulating conditions that didn't happen will be an instant failure of the lawsuit. That's because in contractual terms, the fact that you took a trip there has nothing to do with the event itself, even if that was what actually happened.

Then again, it's not like I have any sympathy for Nyantic too. They should've known better at this point, and there were numerous ways of avoiding a situation like that. It's not like they didn't have problems in the past that would serve as clear warnings of a catastrophic event. These things have to be planned properly with attendancy numbers in consideration, they should've known beforehand that the event was gonna be packed, that they'd need to beef up things server side and prepare for a surge on celular networks in the area.
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Shugo Takahashi





PostPosted: Mon Aug 07, 2017 4:10 am Reply with quote
-snip-

Last edited by Shugo Takahashi on Sun Jan 19, 2020 10:16 pm; edited 2 times in total
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