GTA's Hot Coffee settlement draws minimal response
by Alexander Sliwinski 
{ Jun 25th 2008 at 11:00AM }
The New York Times writes that, awkwardly, the only real winners in this whole situation are the lawyers who triumphed in the "Hot Coffee" suit against Take-Two. They are seeking $1.3 million in fees, when Take-Two may only pay out about $30,000 in claims. For our international readers, despite what you may have heard about our litigious society, it's not par for the course that lawyers walk away with more settlement cash than their clients. A hearing is scheduled today in the Federal District Court in Manhattan to conclude whether the lawyers will get their money.
Update: Changed GTA: SA sales figures to when "Hot Coffee" hit in mid-2005. Altered percentage.
Reader Comments (Page 1 of 1)
NATO_Duke @ Jun 25th 2008 11:04AM
Once again we are all reminded why class action lawsuits are such a waste of everyone's time, besides the lawyers of course. I find it amazing that anyone would think they deserve a dime over this issue.
Player1 @ Jun 25th 2008 11:11AM
Well maybe a waste in a case like this, which was an issue of "obscenity" which was only accessible by modding the game.
But what about a class action suit in a case like the 360's RROD. Or the drum pedal in Rock Band. Hardware wasn't properly tested and is known to break. Do you like being sold crap and having to pay the price for supporting these companies?
why not the LS2LS7? @ Jun 25th 2008 11:21AM
MS' RROD warranty extension was not as a result of a lawsuit settlement, it was a voluntary thing on their part.
The threat of class actions works better than the class actions themselves.
Class actions are just a scam to enrich lawyers.
Sheppy (of the Fidlious Clan of Wong) @ Jun 25th 2008 11:29AM
But also keep in mind, the RROD extension program started as the fourth class action lawsuit mysteriously disappeared and the plaintiffs were once again tranformed from "enraged at the shoddy quality" to "very happy with the Xbox 360 line."
NATO_Duke @ Jun 25th 2008 11:42AM
Player1, your comment doesn't change my mind about it at all. Whether I like crap sold to me isn’t dependant on class actions existing. (See warranty of merchantability, etc.) Also, you support companies every day with everything you spend money on - so I have no idea where you’re going there.
I see these class actions often, as it’s in my field, and the majority of them are total trash. So keep on supporting them if you like, but you end up absorbing the costs with your next purchase. In reality, class actions are not the savior of the working class – they only get large payoffs for the attorney who was able to keep them alive without bankrupting his own firm.
sinai @ Jun 25th 2008 2:12PM
don't be an idiot, Player1. class action lawsuits typically drag on for many years, like this one, and are really in the interests of the lawyers involved. in the end, the consumers and everyday people only end up with a few thousand out of a multi-million dollar settlement.
and this is why people think lawyers are scumbags.
NoHitHair @ Jun 25th 2008 2:40PM
The way class action lawsuits are currently designed it clearly benefits the lawyers and even the defending company at the expense of the victims. Most class action lawsuits provide a stipulation that the defending company cannot be sued individually by any of those involved in the class action thus leaving all restitution up to the lawyers.
It's stated "...it's not par for the course that lawyers walk away with more settlement cash than their clients.", which is a half truth. Overall settlements generally provide the highest percentage to lawyers, frequently seeing 40% of a judgment fall into their coffers. While that's not more than half the judgment, that 60% remaining has to be split amongst the remaining plaintiffs. This means that in cases where it's actually important, say industrial poisoning that killed children, the restitution that accompanies a class action is nowhere near what an individual lawsuit would be.
Ideally, class action lawsuits have an extremely important role - they provide legal defense to even those who have no means of affording it otherwise and they prevent a company from being infinitely bogged down in case after case on only a single issue (and they have many, many other issues).
Class action lawsuits aren't inherently bad. The way it's set up definitely is.
Boffo the Sock @ Jun 25th 2008 11:06AM
Nobody should get money for this. To say you are offended by content that you have to knowingly seek out, and then use hack to access is asinine. These people shouldn't be paid, they should be charged a fee for idiocy, and another fee for clogging our court systems with more garbage.
Sheppy (of the Fidlious Clan of Wong) @ Jun 25th 2008 11:16AM
Actually, I think these people should be documented and have voting privelages removed...
Marty @ Jun 25th 2008 11:08AM
Minimal response? Guess that's what happens when people pretend like a little bit of sex in a game meant for adults is a big deal.
Sheppy (of the Fidlious Clan of Wong) @ Jun 25th 2008 11:18AM
You speak sense, and bring a spotlight back over the fact that the original plaintiff was a woman who bought it for her twelve year old....
Of course this is the same demographic that, during a poll, stating two boys kissing in a game is more offensive to them than a highly graphic decapitation scene or heavy use of the f bomb...
Boffo the Sock @ Jun 25th 2008 11:47AM
Well Sheppy, that's because violence is totally masculine and heterosexual, but two dudes kissing is...well...kinda gay. I mean, we are talking about the same society that supports war over gay marriage. Isn't it better for our kids to be mindless killers than to have an affinity for the same sex.
WebPimp @ Jun 25th 2008 11:15AM
Proving once again, nobody cared this was in the game, except for those looking to make a name for themselves.
Jody Anthony (gamertag and psn: JodyAnthony) @ Jun 25th 2008 11:19AM
i'd bet there was absolutely noone that bought this game that was actually offended by it. people just want to get some of the settlement.
JeffM @ Jun 25th 2008 11:36AM
I like free money as much as the next person, but I couldn't bring myself to stick it to R* on this one.
benny boy @ Jun 25th 2008 11:56AM
I don't understand people. Why would anyone care if you can see simulated sex if you are buying an 18+ game??
I mean, it's just sex. The most normal thing in the world. Everyone does it, it's how people create children ffs.
Politcal correctness fucks me off.
Raikage (GOLDEN Gun Of The Patriots) @ Jun 25th 2008 2:50PM
I and my children are offended by your last comment, I think you should go for an out of court settlement, because if you wanna go, I'll take every dime you have.
/Enraged Soccer Mom who would probably buy GTA for her kids to shut them up but then freak out when a mature game has sex in it and try to sue a company over it.
Draco Basileus @ Jun 25th 2008 12:02PM
The only thing that offended me about the Hot Coffee mod is that I put over 100 hours into GTA:SA and never even saw that booty. Modding and hacking games just isn't my thing. I have better things to do with my game playing time, like actually playing and enjoying the games, rather than trying to break them.
offday @ Jun 25th 2008 1:27PM
And I guarantee that those 2,000 some people weren't even offended. They just wanted some money.
J @ Jun 25th 2008 3:15PM
Haaaaaaaaaaaahahahahhaa......
FAIL.
Donald @ Jun 25th 2008 4:35PM
Correct me if I'm wrong, but didn't you have to have your receipt from when you bought the game originally to get a piece of the settlement?
I dunno about you guys, but I don't keep receipts beyond 30 days.
Eh @ Jun 25th 2008 4:52PM
This failed so hard because you needed your receipt. Who keeps receipts for games? You arent allowed to return them so what purpose do they hold? The only people who claimed on this deal were clearly the weirdos that save every single receipt they get.
This was totally useless thanks to the receipt requirement. What a waste of money. It has nothing to do with people not being offended or not wanting the free money, it has to do with the completely impossible fulfilment details. It would have been MUCH higher than .022% if it wasnt for the receipt thing.
deadrody @ Jun 25th 2008 6:21PM
"...it's not par for the course that lawyers walk away with more settlement cash than their clients"
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Actually that is the entire point of a class action lawsuit. For instance, all 3 million customers with Sears cards get $25 each because Sears was unfair in applying interest rates, but the lawyers get 30% of the total %75 Million settlement.
chris @ Jun 26th 2008 8:30AM
I just don't get it. Even with Hot Coffee the scene wasn't nearly as Graphic as the sopranos scene where the stripper was double teamed by a cop and a gangster.