SAN FRANCISCO (CN) - Verizon Wireless sells Get It Now "Unlimited" games by promising customers they can play "whenever and however long a customer wishes to play ... for a one-time fee," but doesn't warn that the deal applies only to their original handset, a class action claims in Federal Court.
The complaint states: "Defendants induce consumers to purchase the Get It Now games using the 'Unlimited' option by expressly representing on its Web site that the 'Unlimited' option provides access for whenever and however long a customer wishes to play a game for a one-time fee.
"Defendant's Web site expressly represents that the 'Subscription' option is completely different from the 'Unlimited' option in that a 'Subscription' option provides access to a game for a limited period of time with billing reoccurring on a daily, monthly, or annual basis, depending on the game, and disclaims that use of the 'Subscription' option only applies to the original handset to which the game is downloaded.
"Defendant's Web site, Customer Agreement, Welcome guide, and handset onto which the game is downloaded do not contain disclaimers stating that if a customer purchases 'Unlimited' option Get It Now games, that the use of the games only applies to the original handset on which the games are downloaded. ...
"Upon information and belief, 'Unlimited' option Get It Now games remain available for purchase, are still advertised as having one-time fees, and contain no disclaimer that 'Unlimited' option Get It Now games apply only to the original handset on which the games are downloaded."
Plaintiffs' lead counsel is Amelia Winchester with Moulton & Meyer of Houston.
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