The Surprising Legal Issues Related to Pokémon Go

When the Pokémon Go app was released on July 7, 2016, it immediately became a craze. Within a week of it’s release, it was downloaded over 10 million times. The instant popularity of Pokémon Go set five Guinness World Records and even now that its initial popularity has had a few months to calm down, it remains an extremely popular game.

But while Pokémon Go is purely fun for millions of players around the world, the game and its immense popularity has posed a surprising number of legal challenges.

Trespassing and Nuisance
One of the biggest criticisms of Pokémon Go is that some players trespass onto private property while trying to catch Pokémon. And although many places that have been designated as PokéStops or PokéGyms tend to be public places, some people who live near these places say the added traffic is nothing more than a nuisance. These issues have been the focus of an ongoing dispute between many residents of St. Clair Shores and Pokémon Go players.

Wahby Park in St. Clair Shores has several PokéStops and a PokéGym, which has made it a very popular destination for Pokémon Go players. Players have been ticketed for playing in the park after it had closed for the day, but that hasn’t been enough to deter people from continuing to play in the park after hours. Many residents in the area have complained about players trespassing on their property as they try to catch Pokémon. Some residents of St. Clair Shores are so upset about the effect Pokémon Go has had on the community, they’ve filed a class action lawsuit against Nintendo, Niantic, and the Pokémon Company.

The lawsuit accuses the companies of placing Pokémon on private property, which has resulted in people trespassing on their property and damaging things like their lawn and landscaping, as well as interfering with their ability to enjoy their homes in peace. The people involved in the suit are seeking a share of the game’s profits and hope the suit will prevent PokéStops and PokéGyms from being placed on private property in the future.

Car Accidents and Personal Injury
Almost immediately after Pokémon Go’s initial release, reports started surfacing about car accidents caused by people who were playing Pokémon Go while driving. Although one story about a massive pileup being caused by Pokémon Go turned out to be a hoax, other car accidents actually have happened because of it.

The concerns over players trespassing while playing can also be related to personal injury law. The last thing any homeowner wants is to potentially end up facing a lawsuit if someone is injured on their property, even if they were trespassing at the time.

Liability
When you register as a player in Pokémon Go, you have to agree to the game’s terms of service and various other disclaimers before you’re able to play. The vast majority of players probably don’t actually read these things, but these waivers absolve Nintendo and Niantic of liability for things like damages and injuries you incur while playing the game. However, many of the game’s players are minors. Dean Amburn, an attorney at Howard & Howard in Royal Oak, tells LegalNews.com all those disclaimers have little meaning when minors are involved. Since minors can’t legally enter into these sorts of agreements, he believes there are some situations where Nintendo and/or Niantic could potentially be liable for damages.

Election Laws
When the Hillary Clinton campaign started organizing events where people could play Pokémon Go and have the opportunity to register to vote, it made some people questions whether or not Pokémon Go could potentially have an impact on what and isn’t allowed under election law. Although Clinton’s Pokémon voter registration events didn’t violate any laws, some people are more concerned about future advertising options within the game and how that could impact election law.

According to U.S. News and World Report, Niantic is looking into potential in-game advertising opportunities. Current election laws have strict restrictions on campaign advertisements, particularly about advertising near polling places on election days. If in-game advertising were to become a reality, a candidate could theoretically place an advertisement and a Pokémon lure near a polling place. Whether or not that would be legal under current election law is debatable since there isn’t a formal consensus on whether or not digital ads viewed on personal devices like cell phones are bound by the same rules that apply to physical advertisements placed in the real world.

Theft, Robbery, and Other Criminal Acts
Not long after Pokémon Go was released, stories started surfacing about the game’s potential to be used for criminal activity. Since the game requires the player to have their phone out at all times, it’s easy for a thief to grab a phone right out of a player’s hands, which is exactly what happened to a woman in Kalamazoo. In Missouri, police officers arrested four people who were using Pokémon lures to draw players to secluded areas for the sake of robbing them.

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