They claim that Aspyr and Saber deliberately used false advertising to promote the game.
Developer Aspyr Media and publisher Saber Interactive are facing a class action lawsuit over the cancelled DLC for the Nintendo Switch port of Star Wars: Knights of the Old Republic 2.
The suit was filed on July 8 by an individual plaintiff spotted by The Gamer on behalf of himself and class members. They are defined as “all persons in the State of California who purchased KOTOR for Nintendo during the relevant statute of limitations period, i.e. four years prior to the filing of the Complaint until present.”
KOTOR 2 was released for Switch on June 8, 2022. It was initially announced with the plan to add a fan-made mod as DLC that would restore the content of the original game.
On June 3, 2023, Aspyr announced that they were cancelling the Restored Content DLC and offering a “free” key to other Star Wars games for those who pre-purchased KOTOR 2.
In the case, Mickelonis et al. v. Aspyr Media, Inc. and Saber Interactive, Inc., the plaintiff alleges that he felt “completely deceived” by Aspyr’s advertisements claiming that the DLC would be released (the complaint filed can be read on Truth In Advertising). “Plaintiff did not even play KOTOR after purchasing it,” the complaint reads, “instead choosing to wait until the Restored Content DLC was released.”
The complaint also alleges that pre-purchasers who changed their minds because of the cancelled DLC were not offered a refund. Mickelonis alleges that Aspyr Media and Saber Interactive intentionally misled consumers. This was done “in order to artificially raise sales revenues by selling more KOTOR games and being able to market KOTOR at above-market prices based on qualities and features that the game simply did not possess.”
Aspyr and Saber now have until October 4 to respond to the complaint. The latter is demanding payment of the plaintiff’s legal costs and that the two companies be stopped from “selling and distributing KOTOR with deceptive and false advertising”, as they claim.