Editor's Note: It is common for older versions of games to cease updates and operations following new releases, particularly in sports game series. The handling of users' virtual currency balances in older versions is also a matter of concern. 2K Games adopted a policy of no refunds, no exchanges, and no transfers, leaving players to bear the associated losses, which ultimately led to a class-action lawsuit. The case is currently in the filing stage, and the outcome remains unknown; we will continue to monitor the situation.
Game publishers Take-Two Interactive and 2K Games are facing a class-action lawsuit over their NBA 2K series. The lawsuit was filed on November 17, 2023, in the Northern District of California. The plaintiffs accuse the company of theft and unfair business practices because in-game virtual currency cannot be transferred between old and new versions of the game. Specifically, once the servers for an older version are shut down, the corresponding virtual currency becomes invalid, and users cannot receive refunds or transfer the currency purchased in the older version to the newer version.
2K Games is a gaming brand under Take-Two, and its NBA 2K series is one of the most popular video game franchises in the United States. NBA 2K games allow players to spend real money to purchase in-game currency, which can be used to enhance player performance, buy outfit upgrades, add unique hairstyles, and access features unavailable to other players.
The plaintiffs argue that 2K Games regularly releases new versions of its sports games. Meanwhile, older versions have limited functionality; while players can continue to play the older versions, they can no longer access the online multiplayer features. Once an older version is discontinued, users can no longer use the virtual currency in their accounts; this currency cannot be transferred to other games nor refunded. There are no technical limitations preventing the transfer of in-game virtual currency, and 2K Games has never provided an explanation for this policy. Furthermore, users receive no warning when purchasing virtual currency that it may become invalid at 2K Games’ discretion. Users have no choice but to accept this; if they wish to continue using the game’s play-to-play features, they must purchase credits in the new version.
The plaintiffs allege that Take-Two and 2K Games engaged in unfair business practices and committed civil theft under the California Penal Code, stating that “by removing the plaintiffs’ and other class members’ virtual currency, the defendants stole the users’ personal property or fraudulently misappropriated property entrusted to them.” The plaintiffs argue that the destruction of virtual currency in games is uncommon, noting that Call of Duty allows players to transfer virtual currency to future games.
This is not the first time Take-Two Interactive has faced a class-action lawsuit. In March of last year, the company faced a class-action lawsuit over the use of loot boxes in its NBA 2K game. However, in October 2022, a judge ruled that the matter should be resolved through arbitration, and the subsequent outcome remains unknown.
2K Games是Take-Two旗下的游戏品牌，其 NBA 2K系列游戏是美国最受欢迎的电子游戏。 NBA 2K游戏允许玩家花费真钱购买游戏虚拟货币，游戏虚拟货币可用于提高球员表现、购买服装升级、添加独特的发型以及其他玩家无法获得的功能。
原告指控，Take-Two和2K Games构成不公平的商业行为，且构成《加州刑法典》下的民事盗窃，指出“通过移除原告和其他集体诉讼玩家的虚拟货币，被告窃取用户的个人财产，或以欺诈方式侵占了委托给被告的财产”。原告主张，游戏中销毁虚拟货币并不常见，使命召唤允许玩家将虚拟货币转移到未来的游戏中。