Compelled Arbitration

We represented mobile-first game developer and publisher Scopely in a putative class action brought by a Star Trek Fleet Command player, who alleged that Scopely engaged in deceptive practices relating to in-game purchases. After removing the case from New Jersey state court to the District of New Jersey pursuant to the Class Action Fairness Act (CAFA), we successfully enforced Scopely’s arbitration clause and class action waiver set forth in its Terms of Service. 

In a January 25, 2022 ruling, the Court granted our motion to compel arbitration, concluding that Scopely’s Terms of Service “unambiguously establish that a user of [the game] must resolve any dispute through arbitration.” Significantly, the judge concluded that Scopely’s notice of its Terms on the game’s launch screen was “reasonably conspicuous” and put Plaintiff on constructive notice of the Terms. The Court rejected Plaintiff’s argument that he never read the Terms, citing evidence that Plaintiff had actual notice of the Terms before he filed suit and noting that, because Scopely’s Terms make clear that continued gameplay constitutes assent to the Terms, he was bound by them. The Court also rejected Plaintiff’s myriad other challenges to the Terms, including arguments that they were ambiguous, did not cover all of his claims, and were procedurally unconscionable, observing that “Plaintiff’s decision to play the game was motivated by his Star Trek fandom, not due to any economic compulsion or necessity.” Accordingly, the Court granted Scopely’s motion to compel, administratively terminating and staying the case pending individual arbitration. Plaintiff did not subsequently pursue his claims in arbitration or otherwise. Vernon Ackies v. Scopely, Inc., No. ESX-L-6946-19 (N.J. Super.Ct. 2022)and, Inc., 2020 WL 5757988 (D.N.J. 2020).

The Court’s ruling can be viewed here. Press coverage can be viewed here: 'Star Trek' Game Maker Wins Bid To Arbitrate Fraud Suit (law360.com)