Bethesda face lawsuit over misleading Fallout 4 season pass

By FileTrekker 2 years ago, last updated 2 years ago

Bethesda is facing a class-action lawsuit regarding, of all things, Fallout 4's DLC Season Pass, which the suit claims was sold prior to the game's release on the understanding it would include "all the Fallout 4 DLC we ever do," something that, as it turned out, wasn't quite true?

According to the lawsuit, the pre-release marketing for the Season Pass stated that “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” Bethesda sold a lot of Season Passes, and even bumped the price to $50 back in 2016, before then launching Creation Club back in 2017 - and this is where things get a bit sticky.

The Creation Club is a collection of new DLC items and gameplay that is made by Bethesda and it's "development partners," including some community creators; “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.” 

This content wasn't included in the Season Pass, which is the crux of the suit. It claims that players were deceived by the original claims, and that the distinction between "DLC" and "Creation Club" content is arbitrary in order to avoid including the content within the original Season Pass. It also argues that, given the vast majority of the Creation Club content is created by Bethesda itself, with just a handful coming from external developers or modders, it is effectively "mini-DLC" in disguise.

It's a compelling argument, although it's not clear yet if the case will end up going to court or will be settled outside of it. We'll be sure to keep an eye on it and report any further developments as we learn it.


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