AviaGames Unable to Arbitrate Lawsuit Over Bots-as-Players

AviaGames Inc. was unable to force arbitration of a lawsuit from players who allege the video game maker duped them into believing they were playing human opponents when they were actually playing bots.

Judge Edward M. Chen ruled that the games’ terms of service clauses requiring arbitration and the arbitrator to determine whether the suit is arbitrable are unconscionable.

That renders those clauses unenforceable, and the case must proceed in federal court, said Chen, who sits for the US District Court for the Northern District of California.

The players sued Avia in 2023, alleging the company pitted human players against ...