The Italian Competition Authority (AGCM) has recently launched an investigation into the commercialization of the two mobile-end games Darkness: The Undying and Mission Call Hands. AGCM notes that these two paragraphs, although labelled “free”, provide for the application of in-sourcing games, are suspected of misleading and offensive business practices and violate consumer contractual rights.
The survey focused on whether the company was inducing consumers to increase the frequency of games, extend game time and purchase promotional content through a deceptive user interface design. Specific tools include repeated alerts to users to “do not miss the incentive” within the game through the application of in-service messages and dispatch notices; and the creation of scarce anxiety through time-limited sales of virtual items. These strategies, coupled with the design of a virtual monetary value system that is not transparent, and the tied sale of game currency, may lead to overspending by players (including minors) without adequate knowledge of the amount of consumption, or even beyond the pace of the game. In addition, the agency considers that the pre-set parental control function of the game is offensive – – Its default setting of options for the lower level of protection of minors (e.g. allowing the use of in-house purchases, unlimited playtime and other players to interact) without the active involvement or supervision of parents or guardians. The survey will also examine the process of obtaining personal data-processing consent at the time the account was created, noting that consumers (including minors) may mistakenly regard all ticking options (including consent to image analysis for commercial purposes) as mandatory.
The survey also focused on whether the player had been adequately informed of contractual authority and the current operation seemed to lead the user to relinquish power without knowledge (e.g., a cool-time clause). The authorities are assessing the appropriateness of the company’s unilateral blockade of game accounts — the current practice does not provide reasonable justification, effective support or recourse, resulting in the unrecoverable (sometimes in large amounts) of funds invested by users in digital content. The Italian Competition Authority stressed that the blizzard could violate consumer protection rules, particularly in areas where high professional care was required, failing to meet control obligations with respect to the risk of addiction to games. The survey marked a new stage in the examination by European regulators of the commercialization practices of the game industry.
