After the game was released to negative reviews, some players and critics claimed the game's trailers and demonstrations didn't match up to the final product. The lawsuit's plaintiff, Damion Perrine, and the law firm of Edelson LLC have decided to take the matter to court for consumers.
The suit cites a tweet from Gearbox head Randy Pitchford, who called initial complaints over the delta between demo and final game "understood and fair." The legal action also suggests demos were misleadingly labeled as "actual gameplay," and that Sega embargoed press reviews until the early morning of Colonial Marines' release date, preventing early buyers from discovering the differences. Accordingly, the suit asks for class action damages for anyone who pre-ordered the game or bought it on release day.
The next step in a class action suit like this will be for the courts to certify the class. Unless Sega and Gearbox fight for a settlement right away, Edelson will next need to figure out how many players were mislead in the way described in the lawsuit. Once determined, the class will be notified of the suit, and the case can move forward.