According to Hoeg Law attorney Richard Hoeg, the marketing for Horizon Forbidden West's price point could be construed as deceptive and provide grounds for a class-action lawsuit down the line. Many assumed Horizon Forbidden West was a PS5 exclusive when Sony and developer Guerrilla Games announced the sequel during the PS5 reveal event in June 2020. The publisher later clarified the title's status as a cross-gen venture, though, and promised all cross-gen PS5 launch and launch window titles would offer free upgrades.
Things didn't get heated until Sony unveiled Horizon Forbidden West's various special editions and, in so doing, confirmed that PS4 players who later purchased a PS5 would not be able to access a free current-gen upgrade. After considerable backlash from fans and games media, Sony backtracked on its decision, promising a free Forbidden West upgrade for all PS4 players. As such, even PS5 owners would do well to purchase the PS4 version of the eagerly-anticipated sequel to save themselves $10. Sony, however, does not seem too keen on informing the wider public of this particular pricing loophole.
On an episode of Virtual Legality for the Hoeg Law YouTube channel (via VGC), attorney Richard Hoeg lambasts Sony's marketing practices for Horizon Forbidden West, specifically calling out some of the corporation's duplicitous pricing-related tactics. For one, Hoeg notes that an FAQ on a PlayStation support page tells readers Forbidden West does not feature a "Dual Entitlement" option, whereby PS4 players can upgrade to the PS5 build at no extra charge. This is simply false. Hoeg also decried the fact that searching for Forbidden West on the PS5 storefront only reveals the $70+ PS5 editions, with no option to pick up the $60 PS4 iteration, which, once again, comes complete with a free upgrade for current-gen hardware. Those wanting to take advantage of "Dual Entitlement," then, must do so via the PlayStation Store's webpage, app, or PS4 version.
The back half of Hoeg's pricing-related Horizon Forbidden West episode notes that since Sony seems to deliberately withhold information from its customer base, particularly those who aren't in the know, the Dual Entitlement confusion could present grounds for a class-action lawsuit. Of course, what may seem unfair or deceptive is ultimately left to the eye of the beholder. Thus, Hoeg told VGC he can't "guarantee that a regulator like the FTC (Federal Trade Commission) or a judge" would feel the need to take action against Sony.
As the past has shown, class-action lawsuits related to marketing and the like in the gaming space can conclude in multiple ways. The false advertising suit against No Man's Sky developer Hello Games was dismissed, for example. Meanwhile, investor lawsuits filed against Cyberpunk 2077's CDPR ended in a settlement. A considerable amount of time could pass before it's publicly known whether anyone plans on filing claims against Sony for this unforced Horizon Forbidden West error.
Horizon Forbidden West comes to PS4 and PS5 on February 18.
Source: Hoeg Law/YouTube, PlayStation (via VGC)