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A class-action lawsuit related to Star Wars: Knights of the Old Republic II on Nintendo Switch has surfaced, with plaintiffs seeking restitution and damages for what the lawsuit claims were illegal marketing and advertisements used by developer Aspyr Media and its parent company Saber Interactive.
As spotted by The Gamer, the lawsuit was originally filed on July 8 in the state of California on behalf of the plaintiff Malachi Mickelonis and other customers in the state who felt they had been deceived by Aspyr following their purchase of KOTOR II on Switch.
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Aspyr’s port of Star Wars: Knight of the Old Republic II for Nintendo Switch released last year, and initially promised “Restored Content DLC” for the original Xbox-era RPG developed by Obsidian Entertainment was “coming soon.” According to the lawsuit, when asked when the DLC would arrive by fans on Twitter, Aspyr in the summer of 2022 stated the DLC would release in Q3 2022.
That turned out to not be the case. Earlier this year Aspyr canceled plans for the DLC and instead gave KOTOR II players on Switch the option to select a free Star Wars game from a list of titles like Star Wars: Republic Commando, Star Wars: The Force Unleashed, or another copy of Knights of the Old Republic II for PC via Steam. Mentions of the DLC were removed from the game’s Nintendo eShop store page and its initial announcement trailer.
The Restored Content DLC was a major selling point for the Switch port, with the game’s cut content having previously only been available unofficially on PC thanks to modders. According to the lawsuit, Mickelonis is said to have purchased the Switch version of KOTOR II specifically for the DLC, and was waiting to play the game until the Restored Content DLC arrived. When the DLC was canceled and Mickelonis was unable to receive a refund, he sought legal action in July 2023, a few weeks after the announcement that the DLC was canceled.
The lawsuit alleges that Mickelonis and other consumers were misled by Aspyr and Saber’s “unlawful, unfair, and fraudulent business practices,” and that the two companies “have been and will continue to be unjustly enriched by the receipt of ill-gotten gains from customers.” According to the lawsuit, Mickelonis and other class action members “would not have purchased KOTOR if it were not for the misrepresentations” of facts on Aspyr’s part, and that the company intentionally deceived customers in order to market KOTOR II at “above-market prices” and sell more copies. KOTOR II on Switch currently retails for $15. On Steam, KOTOR normally sells for $10.
Mickelonis and other plaintiffs participating in the class-action lawsuit are seeking to have attorneys’ fees and costs covered, to force Aspyr and Saber to “cease and desist from selling and distributing KOTOR with deceptive and false advertising,” and to receive “such other relief as this Court find just equitable and proper, including, but not limited to, the remedy of disgorgement.” Aspyr and Saber have until October 4 to respond to the complaint.
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