There’s no such thing as a free game
The Consumer Protection from Unfair Trading Regulations 2008 (see Guidance here) seeks to protect consumers from unscrupulous selling tactics. In the age of the internet, particularly on smartphones and tablet computers, the public are given easy access to a vast array of potential purchases and the providers of such products have increasingly taken advantage of this.
An issue that has cropped up in recent media is the popularity of web and ‘app’ games among children who have access to their parent’s, or even their own, tablet computer. Many of these games are free to initially download however revenue is raised by the game owner via certain ‘in-app purchases’, for example the player may purchase extra levels or virtual money. Problems have arisen for surprised parents who find that their child has unwittingly racked up a bill for such in-app purchases whilst the parent had been under the impression that the game was free.
The Office of Fair Trading is currently investigating whether some of these games breach the Regulations, in particular whether the full cost of the games are sufficiently publicised when the game is downloaded and whether they include ‘direct exhortations’ to children. It is unlawful to strongly encourage children to make a purchase or to persuade their parents to make a purchase for them.
Whilst traditionally this rule might have applied more commonly to sales of toys and sweets, the law now has much more and increasing relevance in the online games sector. Games developers would be advised to ensure that gaming charges are clearly publicised, enough for all potential users including children to understand, and that fee-charging in-app purchases are not heavily targeted towards children.
The OFT is inviting parents and consumer to get in touch with information about unfair or aggressive commercial practices of which they are aware in relation to these games, as well as seeking information from games developers to gain a better understanding of the sector. A link to the OFT’s page can be found here.
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