A second class-action suit has been filed in federal court in the Northern District of California against the makers of the hugely popular interactive app, Pokémon Go. In this most recent class suit, named plaintiffs Scott and Jayme Dodich of St. Clair Shores, Michigan allege that the constant barrage of gamers eager to “catch ‘em all” is ruining their quality of life. Similar to the original class suit filed in the same venue against Defendants Nintendo, The Pokémon Company and the game developer, Niantic, the Dodich’s are alleging unjust enrichment and nuisance claims against Defendants and asserting that Defendants profited from encouraging users to trespass on private property.
Plaintiffs live across the street from a small public park with no less than seven Pokéstops inside. However, Plaintiffs allege that gamers are not content to stick to the limits of the park to find Pokémon and are found all over the neighborhood, trampling over landscaping and peeking into house and car windows looking for more Pokémon. The Dodich’s assert that members of the neighborhood no longer feel safe sitting on their porches or enjoying their yards when gamers could wander onto their property at anytime. To make matters worse, Plaintiffs claim that the trespassers are extremely hostile to requests to vacate private property and will frequently resort to cussing at the homeowners.
It is unclear whether this second suit in less than a month will spur the makers of Pokémon Go to limit Pokéstops and Gyms to public property in order to avoid further backlash from irate property owners.
The case is: Dodich v. Niantic, Inc., The Pokémon Company, and Nintendo Co. LTD.
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