A class action lawsuit was filed against the video game developer and publisher alleging false advertising of games for Nintendo Wii, that do not support Dolby Pro Logic II surround sound. The lawsuit was filed against Activision on behalf of consumers who were allegedly deceived into buying games under the false promise of state-of-the-art surround sound. The lawsuit alleges Activision violated the Consumer Legal Remedies Act and Unfair Competition Law, as well as engaged in untrue and misleading advertising, breach of express warranty, and breach of the Song-Beverly Act.
The lawsuit claims that games such as the latest version of "Guitar Hero" do not support Dolby, or even stereo sound, on the Wii, and supports nothing more than a mono signal. To create surround sound Dolby Pro Logic II processes any high-quality stereo signal and separates it into five full-frequency channels and one low-frequency channel. The class action claims Activision has known about the problem since October 2007, but has failed to compensate gamers or correct its advertising.