Nintendo Sued over Mario Kart Tour Lootboxes

But beyond their personal grievances, the plaintiffs are also seeking refunds for all minors in the U.S. who paid for the spotlight pipe, citing unethical business practices as the reason. The game implements “dark patterns,” which the Federal Trade Commission describes as tactics used to trick consumers into spending more money, with an example in Mario Kart Tour being copious amounts of required grinding to unlock the equivalent of in-app purchases. The lawsuit argues that, due to relying on dark patterns, the spotlight pipe mechanic is unfair and deceptive, putting it in violation of consumer protection laws in California and Washington.

Additionally, N.A. and his father argue that the system particularly targeted young people. With the game being marketed to attract young players and with little in-game age gates for purchases, the suit claims that, intentionally or otherwise, young people were a target for lootbox sales, which is particularly concerning due to the greater vulnerability of young people to such mechanics.

“As with other lootbox games, [Nintendo’s] lootbox mechanism capitalized on and encouraged addictive behaviors, akin to gambling,” the lawsuit says. “Minors are especially susceptible to these addiction-enhancing elements of game design. The experience of acquiring surprise rewards and the associated excitement of uncovering unexpected in-game items holds a strong appeal for minors and reinforces their desire to keep playing and keep getting rewards.”

Lootbox mechanics have been the subject of legal debate for years now, having previously been banned or heavily restricted in multiple European countries and frequently coming under fire in similar lawsuits, including one filed just last year against Take-Two Interactive by the same class-action firm. Regardless, the practice still remains largely unregulated in the U.S.