A class action lawsuit has been filed against publisher EA over its failure to include a free version of digital shooter Battlefield 1943 with the PS3 version of Battlefield 3.
Having announced the proposed freebie earlier this year, the omission was only revealed after the game had been released in North America.
In fact, the late timing of the confirmation that the game was not to be included is the main bugbear of the case filed by law firm Edelson McGuire, Kotaku reports.
It alleges that EA misled and profited from thousands of their customers by making a promise that they could not, and never intended, to keep”. By not admitting to the move prior to Battlefield's release, it could easily be construed as deception.
Exactly what compensation clients are after remains unclear, though it has been indicated that a free copy of Battlefield 1943 would be adequate recompense.