Child Takes on Nintendo Over 'Immoral' Mario Kart Tour Microtransactions

An unnamed young gamer has filed a lawsuit against Nintendo, citing the "immoral" use of loot boxes in Mario Kart Tour. Since its release in 2019, the mobile kart racing game has amassed over 200 million downloads and generated an impressive amount of revenue.

However, the game's gacha microtransactions proved to be a controversial feature amongst many players. The inclusion of this feature was especially surprising coming from Nintendo, a gaming industry giant with annual revenue in the billions. The connection between gacha, loot boxes, and gambling has been a topic of debate for some time, with concerns about the negative impact such mechanics may have on children.

On March 17, a minor filed a complaint against Nintendo in a California court, which was later moved to federal court on May 17. The complaint, filed with the assistance of a guardian, specifically targets Mario Kart Tour's "Spotlight Pipe" loot boxes. These loot boxes offer players a random in-game reward in exchange for five Rubies, which the lawsuit claims equates to "anywhere from $2.60-$3.32 for a single draw." The minor in question allegedly charged $170 to his father's credit card while playing the game, mostly without permission.

Despite the removal of the Spotlight Pipe loot boxes from Mario Kart Tour in September 2022, Nintendo has faced criticism for failing to refund players who had already spent money on them. The lawsuit alleges that the company's behavior is unethical, exploitative, and harmful to consumers. It further accuses Nintendo of profiting from addictive gaming practices reminiscent of gambling.

During its time in the game, the loot boxes reportedly earned Nintendo nearly $300 million. Along with the gacha mechanics, Mario Kart Tour introduced a monthly subscription service called the Gold Pass. However, many players criticized the service for being overpriced compared to similar services like Apple Arcade or Google Play Pass. Subscribers receive special in-game badges, exclusive racing speeds, and other rewards.

However, non-Gold Pass subscribers have reportedly faced difficulties while playing Mario Kart Tour. According to the lawsuit, the game intentionally makes it difficult for them to advance without spending real money on Rubies. This has resulted in a lot of grinding, making the free version of the game cumbersome and labor-intensive. As a result, players are left with no choice but to spend money to make significant progress. The lawsuit demands a refund for all minors in the United States who purchased the "Spotlight Pipe" loot boxes, depending on the statute of limitations. Mario Kart Tour can be accessed on mobile devices.