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CD Projekt facing class action lawsuit over Cyberpunk 2077 release

A New York-based law firm filed the lawsuit on Thursday

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A cybernetic woman looks at herself in a computer monitor in Cyberpunk 2077 Image: CD Projekt/CD Projekt Red
Nicole Carpenter is a senior reporter specializing in investigative features about labor issues in the game industry, as well as the business and culture of games.

After a rocky Cyberpunk 2077 launch earlier in December, publisher CD Projekt is facing a class action lawsuit for alleged violations of federal securities laws. The lawsuit was filed Thursday in a California court by New York-based firm Rosen Law Firm.

Rosen Law Firm said it filed the suit on behalf of investors that purchased securities — like stock — between the period of Jan. 16 to Dec. 17, 2020. In the lawsuit, lawyers said CD Projekt made “false and/or misleading” statements about Cyberpunk 2077, which was released on Dec. 10 for Google Stadia, PlayStation 4, PlayStation 5, Windows PC, Xbox One, and Xbox Series X. Lawyers are requesting class action status for the lawsuit.

According to the suit, CD Projekt didn’t disclose enough information that Cyberpunk 2077 was buggy and “virtually unplayable” on PlayStation 4 and Xbox One. Specifically, the statements called out in the lawsuit are regarding the company’s claim that the game was “complete and playable” in January 2020, despite the game being delayed to September. In one instance, during a conference call announcing a further delay, CD Projekt president and joint CEO Adam Kiciński said Cyberpunk 2077 responded to worries concerning the PlayStation 4 and Xbox One versions of the game. Kiciński told investors there was “no problem” with the versions, just optimization to be done, lawyers said.

Because of the game’s issues, Sony removed Cyberpunk 2077 from the PlayStation Store, with most storefronts and retailers offering full refunds on the game. Lawyers stated in an accompanying news release for the lawsuit that the statements concerning the Playstation 4 and Xbox One versions of the game were “materially false” and “misleading.” When the full scale of Cyberpunk 2077’s problems emerged, the investors “suffered damages,” according to lawsuit, due to an “artificially inflated” market price. On Dec. 11, CD Projekt stock dropped dramatically after complaints about performance circulation on social media.

Lawyers are seeking an unnamed amount of damages for investors. In the news release published Thursday, Rosen Law Firm — which specializes in “global investor rights” — asked investors interested in joining the litigation to contact the firm. Polygon has reached out to Rosen Law Firm and CD Projekt for more information.

A class has not yet been certified, Rosen Law Firm said. Investors in Poland are also considering a class action lawsuit, the New York Times reported. Another law firm, Wolf Haldenstein Adler Freeman & Herz, is also investigating “potential securities claims.”

On Dec. 14, CD Projekt apologized to players for the launch. The developer has been under scrutiny since Cyberpunk 2077’s rocky launch, though the game has also been criticized for transphobic marketing, as well as mandatory “crunch” during the game’s development.

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