Earlier this week, signs began to emerge that some CD Project investors did not intend to accept the problematic launch of Cyberpunk 2077. The unsatisfactory technical condition, especially on last-generation consoles, and opposing CD Project management statements led investor Mikołaj Orzechowski to consider a class action lawsuit. on suspicion of having committed the offense of misrepresenting data in order to obtain financial benefits. It is not clear at this time whether the lawsuit will actually be filed in Poland, but it is certain that Orzechowski will not be the first. Another investor in the CD Project – American Andrew Trampe – has already filed a lawsuit and accuses the developers of committing fraud.
Like Orzechowski, Andrew Trampe encounters a problematic part of the investor meeting, which took place after the game was released in response to the state of the art, dissatisfied players and refund requests.
Represented by lawyers from The Rosen Law Firm, Trampe summarizes the background to the development of Cyberpunk 2077 and describes in individual paragraphs of the 18-page lawsuit what happened from January 16 to December 17 this year. The points reflect the statements of Adam Kiciński, President of the CD Project, Marcin Nielubowicz, CFO and Michał Nowakowski, Vice President of Sales, from the minutes of meetings with investors or press releases. As we have already stated in previous news summaries and articles, in addition to several delays, it was said at the beginning of the year, for example, that Cyberpunk 2077 is ready and playable. At the end of October, Adam Kiciński said that even though the console versions of the previous generation had passed certifications and the game would be released on November 19, the extra three weeks would allow developers to fix the remaining issues.
“We are, of course, aware of all the bugs. Such a big game just can’t be completely flawless. This is an obvious thing, but we believe in quantity [chyb] it will be so low that the players will not even notice it, “Kiciński said literally, which the investor does not like in the face of the real situation and, of course, relies on this point in the lawsuit. Like Orzechowski, Andrew Trampe encounters a problematic part of the investor meeting, which took place after the game was released in response to the technical condition, dissatisfied players and requests for a refund. This is the moment when the Project CD management has acknowledged that it underestimated the size and complexity of all the problems and ignored signals that clearly indicated that completing versions of the game for Xbox One and PlayStation 4 required even more time. However, the current lawsuit also includes a quote from Nielubowicz, who stated during the meeting that they did not spend enough time solving problems, which can mean a significant problem for CD Projekt as a result.
The lawsuit further describes a sharp drop in the share price by approximately 40 percent compared to the beginning of December, which, according to Trampe, was caused by the misleading and fraudulent performance of the CD Project, resp. the whole case around the game after its release. For this reason, it seeks compensation for the losses and financial damages incurred, and asks the court to investigate whether the developers have complied with applicable United States law. The mentioned law firm then published a form on its website, through which other injured investors can join the lawsuit. Representatives from the CD Project did not comment on the lawsuit.