Chronicles of Elyria backers have now hired a lawyer to file a class action suit

    
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Chronicles of Elyria backers have now hired a lawyer to file a class action suit

Chronicles of Elyria may not be a game right now, but you can bet your sweet bippy that it’s a saga. A legal saga, to be precise, with disgruntled fans teaming up to put forth a class action suit against both Soulbound Studio and Xsolla even as Jeromy Walsh continues to claim that the game is being made. This legal effort may be more than mere revenge fantasy; the game’s lawsuit discord announced that it has secured a lawyer to take the case.

“We’ve gotten in contact with McCathern Law Firm and spoken with the lawyer who’s taken up our case on that front,” the Discord posted on July 3rd. “He’s confirmed he’ll be filing the class action at the end of the month and begin taking action following that. The agreed upon price of his service is set at 35% of all potential winnings, and the estimated timeline for this case will be anywhere from 1 to 4 years.”

Hopefully this will work out better for donors than merely requesting refunds from Xsolla, which proved to be a bit of a dead end for some. The tone of this announcement is cautiously triumphant: “We’ve now got a solid point to go forward from, and are one step closer to seeing a solid legal resolution to this case.”

 

Source: Discord via MMORPG

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xpsync
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xpsync

Good News, justice will be served, and make a good example to potential future scammers.

Bad News, no kickstarter will ever come up and say, sry we failed, they will for the rest of time pretend to continue working on it.

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Loyal Patron
Patreon Donor
Alberto

Yep..who did not see this coming..sigh going to be in court for years..years!

Reader
Jahlon

Going to be funny when they realize that on this page: http://soulboundstudios.com/investors.aspx

Caspian did some weird flex and tied his own personal wealth into the Captial for the game.

Reader
Kickstarter Donor
JoeCreoterra

That was actually just a false statement on the site and when he talked about it. There’s a big reddit thread and many people that know him have stated that he even bought his new house with his Elyria salary and hasn’t put in a dime of his own money since the Kickstarter.

Bree Royce
Staff
Bree Royce

I was under the impression the house thing had long since been debunked.

Gipfeli
Reader
Gipfeli

a classy action suit!

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treehuggerhannah

I think it would be pretty difficult to prove fraud regarding the original Kickstarter. Mistakes and mismanagement absolutely – but I haven’t seen any credible evidence that they didn’t intend to deliver the game they were promising.

If it seems too good to be true… caveat emptor. Kickstarters are a risk.

That said, the final land sale seems a lot more shady. By that point the team has to have realized the project was on extremely thin ice, and they continued to sell virtual real estate for large amounts of actual cash knowing they likely couldn’t deliver. To me those customers seem like they have a much stronger case regarding intent to deceive.

Personally, I considered backing the Kickstarter but ultimately didn’t, for completely different reasons. It seemed like an interesting and ambitious project, but I held off because of the sheer amount of important stuff being sold for cash before the game even launched. I felt like if I didn’t spend real-world money in large quantities, my character(s) would basically end up as an NPC to serve wealthier players, and that sounded like zero fun. I decided to wait and see if the game was actually enjoyable at release without dumping ridiculous cash on it before I committed to it. Now I’m glad I waited.

Reader
Arktouros

I’m really curious what legal recourse they really have. Outside of hoping that money was spent inappropriately I would logically think if all the funds were spent towards salaries/project but they ran out of money to complete the project and it’s ongoing in an unfunded state there’s really not much to go after. They spent the money they took appropriately and they worked on getting a game up and out but failed to secure additional funding to complete the project. That would mean there’s no scam there and the project is still “open” provided they get additional funding.

Like the best case scenario here I see happening is the court gives all the files/data/etc to the lawyer who then will flash fire sell it to whomever will buy it and I’m not sure what dev would buy the mostly incomplete work of someone else that’s still going to take years and tons of money to keep developing.

Still seems all like revenge fantasy to me as the only purpose here is to further ruin the person who tried to make the game and failed.

Pepperzine
Reader
Pepperzine

Seems to me fraud is mostly likely the avenue they’ll pursue.

Reader
Kickstarter Donor
Greaterdivinity

This so much.

Spellbound is an LLC, meaning that Walsh is likely personally protected from any penalties. Given that the company is out of money already, he’s not gonna have any way of paying out any settlement, much less waging a legal battle for years with representation.

It seems that the end-result would likely be Spellbound declaring bankruptcy wholesale, with the class action lawsuit being a convenient legal shield from potential criminal charges related to any possible fraud, as any potential criminal charges would be a part of investigations unrelated to this lawsuit.

Like, I get backers feeling duped and wanting “justice”, but sometimes there’s no justice to be had.

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silverlock

I don’t think being an LLC shields you from criminal activity such as fraud.

I’m not saying they can prove fraud I’m just saying an LLC doesn’t provide complete immunity.

Reader
Kickstarter Donor
Greaterdivinity

I’m not sure about that but I don’t think it does. But if we’re talking about criminal fraud that wouldn’t be addressed via a class-action as that’s in civil court.

Reader
Paul

Stop bringing logic and common sense to the discussion – that’s not what the people want ;-P

Reader
Kickstarter Donor
Ken from Chicago

Law & Order M(assively multiplayer online) V(ictims) U(nit) !

Reader
Adam Russell

I guess we will get to see how this plays out in the courts.

Mordyjuice
Reader
Mordyjuice

Good for them, it always warms my heart to see Gamers lawyer up and stick it to the man.

Reader
Bruno Brito

I’m there with you, but unfortunately, there’s nothing to stick here, they’ll lose this.