A woman upset that she bought the video game Grand Theft Auto: San Andreas (PC, PlayStation 2, Xbox) for her 14-year-old grandson without knowing it contained hidden, sexually explicit scenes sued the manufacturer Wednesday on behalf of consumers nationwide. Florence Cohen, 85, of New York, said in the lawsuit filed in U.S. District Court in Manhattan that the game’s manufacturer, Rockstar Games, and its parent company, New York-based Take Two Interactive, engaged in false, misleading and deceptive practices.
She sought unspecified damages on behalf of herself and all consumers nationwide, saying the company should give up its profits from the game for what amounted to false advertising, consumer deception and unfair business practices. Cohen said in the suit that she bought the game in late 2004 for her grandson when it was rated “M” for mature, for players 17 and older. According to the suit, she directed that it be taken away from her grandson, which was done.
The game was released in October with an “M” rating. After a storm of negative publicity about the hidden scenes, the Entertainment Software Ratings Board, an industry group responsible for rating games, changed the rating to “AO” for adults only. Laurence D. Paskowitz, the lawyer who filed the lawsuit on behalf of Cohen, said no parent would knowingly buy an adult-only video game for their children. “They should really make sure this doesn’t happen again,” he said. “The least this company can do is offer refunds.”
