Exaggeration advertising is sometimes alleged to induce consumer spending. Can an adult consumer demand a full refund after voluntarily making large in-game purchases on the grounds that the game fails to deliver the content promoted in advertisement? The following case provides the answer.

Case summary

The defendant, a technology company, was the operator of an online game that the plaintiff played. The plaintiff claimed that after seeing advertisements published through the defendant's official account stating that players could unlock multiple maps, scenarios and gameplay features upon reaching certain levels, the plaintiff repeatedly purchased in-game items, worth 119,273 yuan ($17,133). The plaintiff argued that the advertised maps, scenarios and gameplay were never unlocked after making the purchases, and alleged that the defendant had exaggerated its advertising to induce consumption. The plaintiff filed a lawsuit with the Beijing Internet Court (BIC) to seek a full refund of the top-up payments.

The defendant argued that most of the plaintiff's substantial top-up purchases had been made before the advertisements were released, making it impossible to conclude that the plaintiff had been misled by the advertisements into making the purchases. The defendant also argued that the plaintiff had engaged in long-term and repeated top-ups and should have a clear understanding of their own spending behavior. The defendant had provided in-game virtual currencies and items in accordance with the online service contract and the plaintiff had consumed all of them. Accordingly, the defendant denied committing fraud and requested the court to dismiss the plaintiff's claims.

Facts established

The BIC found that the plaintiff had made 523 top-up transactions, totaling 119,273 yuan, since  registering for the game on June 21, 2024. The advertisement at issue had been launched on Sept 30, 2024 and broadcast until Nov 29. Before its release, the plaintiff had already completed 452 top-up transactions before Sept 20. By the time of the trial, almost all virtual items in the plaintiff's account had been consumed.

The advertisement also stated that "it is for reference only, the advertised content can will appear only after certain game levels are reached or responding modules are unlocked. Actual game content shall prevail."

The court also found that the plaintiff had first requested a refund from customer service on the grounds of false advertising and later applied for a refund by claiming the purchase had been made by a minor. Both refund requests were unsuccessful because the plaintiff failed to provide the necessary supporting materials meeting the review requirements.

The court's ruling

The court held that the plaintiff as a user of the defendant's online game,  had formed a valid online service contract with the defendant Through repeated top-up purchases.

 Now the top-up service was completed and the plaintiff had consumed these virtual currencies and items in their account. The plaintiff's account was effective for use, with neither data loss nor account ban. Therefore, the defendant didn't breach the contract.

Regarding the allegation of fraud, the court held that the plaintiff first registered for the game before the advertisement was released. Their agreement to the contract was voluntary, instead of being lured by the advertisement. The plaintiff, as an adult with full capacity for civil conduct, was supposed to have fundamental judgement of online game consumption and should take consequences for their own judgement and choices.

Based on the evidence submitted, the court found it insufficient to conclude that the defendant had intentionally made false representations or concealed material facts during the formation of the contract. Although the advertisement contained contained certain scenes that did not accurately reflect the actual gameplay, there was insufficient evidence to establish that the plaintiff had been misled by those advertisements into making the purchases.

Moreover, the advertising content did not automatically become part of the online service contract between the parties.

Accordingly, the court held that the defendant's conduct did not constitute fraud under the Civil Code, nor did it breach the online service contract.

Judgment

The court dismissed the plaintiff's claims in the first-instance judgment. The plaintiff appealed. The second-instance court dismissed the appeal and uphold the original judgement.

The judgment has now taken effect.

Judge's remarks

This case is a typical dispute arising from an online game service contract. The plaintiff, as an adult with full capacity for civil conduct, tops up the game with more than 110,000 yuan within several months, demonstrating a voluntary consumption decision.

In civil cases, where a party alleges fraud, the evidence must meet a standard sufficient to exclude reasonable doubt, which is higher than the ordinary civil standard of a high degree of probability.

Adults with full capacity for civil conduct are expected to exercise reasonable control over their emotions and properties in a reasonable way. During the trial, courts will consider factors including the player's length of game use, the game items purchased, and the player's understanding of the game and its virtual items. In the absence of evidence proving that the player was induced into making purchases or otherwise deceived by the game operator, courts generally do not support claims by adult players seeking refunds on the grounds of unmet expectations, fraud or induced consumption after they have voluntarily made and consumed the purchases.

The court also remained consumers to rationally assess their financial capacity when making in-game purchases and avoid impulsive spending driven by the pursuit of virtual rankings or achievements.

Meanwhile, online game operators should conduct their business in a regulated manner, clearly disclose game rules, strengthen guidance on rational consumption, implement anti-addiction measures, and work toward fostering a healthy online gaming ecosystem.