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April 15, 2010 Complaint filed by Evans, Spencer & Carter on behalf of all similarly situated individuals v. Linden Research, Inc. and Philip Rosedale
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On this webpage, you will find information about the action captioned "Carl Evans, Donald Spencer, Valerie Spencer, Cindy Carter, individuals, on Behalf of themselves and for the Benefit of all with the Common or General Interests, Any Persons Injured, and All Others Similarly Situated v. Linden Research, Inc., and Philip Rosedale". The Complaint was filed on April 15, 2010 in the U.S. District Court for the Eastern District of Pennsylavnia at Docket No.: 2-:10-cv-01679-ER, lists the Bragg v. Linden case as a related case, and was assigned to the Honorable Eduardo Robreno. The Complaint seeks among other things, to define the rights of purchasers of virtual property in Second Life, monetary damages, and injunctive relief on behalf of Plaintiffs and others similarly situated. The Complaint alleges that Defendants knowingly offered to sell the class members virtual land and the ability to acquire ownership rights in virtual property and then took the plaintiffs' property and did not honor the owners' rights in their property.
On April 15, 2010, Evans, Carter and Spencer initiated this lawsuit on behalf of themselves and all others similarly situated. The Complaint alleges that Linden Labs and Philip Rosedale, it's founder, lured consumers across the United States to invest real money into Defendants' game world by promising those users that they would own the virtual land and roperty they purchased as well as he content they created, and then unilaterally, without the consumer owner's consent, knowledge, or permission, changed the terms of the service agreement to state that these land and property owners did not own what they had created, bought and paid for, and that these consumers had no choice but to click on a new terms of service agreement or they could not have access to their property. The Complaint further alleges that Defendants froze and deleted or converted all the U.S. Dollars, virtual land, and property that Plaintiffs had entrusted to Defendants without offering any explanation or recourse for recovery. The Complaint frequently refers to the case of Bragg v. Linden Labs, a reported decision with Mr. Archinaco as lead counsel and which first raised the issue of the validity of arbitration provisions in virtual world terms of service agreements and began to touch on the rights of consumers to their virtual land and property. More information on Bragg v. Linden, including the pleadings, orders, and links to national commentary is availble by clicking here: Bragg v Linden
This website will track the case as it develops and provide updated information to class members and others interested in the outcome. If you believe you may be a class member, or similarly situated as the Plaintiffs, or want to find out if you may be, please complete the simple 21 question form by following this link:
CLAIM INQUIRY FORM
ALL INFORMATION PROVIDED BY YOU IN RESPONSE TO THIS FORM IS CONFIDENTIAL AND WILL NOT BE SHARED WITH ANYONE OTHER THAN OUR LEGAL CONSULTANTS, EXPERTS, OR AS MAY BE REQUIRED BY THE COURT. BY CLICKING HERE YOU AGREE THAT NO ATTORNEY / CLIENT RELATIONSHIP EXISTS UNTIL THE COURT HAS APPROVED THE CLASS AND YOU AGREE TO OPT-IN AND BECOME A PART OF THE CLASS ONCE APPROVED.
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