New Jersey man plagued by Pokemon Go players files nuisance class action
A New Jersey man who says Pokemon Go players are visiting his property has filed a would-be class action lawsuit against the developer and distributor of the app.
Jeffrey Marder’s suit claims the placement of the Pokemon virtual characters at or near his home is interfering with his use and enjoyment of the property, report Bloomberg Technology, CNet, the Boston Herald, NJ.com and Courthouse News Service. The suit seeks damages for nuisance and unjust enrichment.
The app uses your phone’s GPS and clock to detect where you are and make Pokemon characters appear on your phone screens. Players have to visit different locations to catch the characters.
“At least five individuals knocked on plaintiff’s door,” the July 29 complaint says, “and asked for access to plaintiff’s backyard in order to ‘catch’ Pokémon that the game had placed at plaintiff’s residence in West Orange, New Jersey—without plaintiff’s permission.”
Marder tells the Boston Herald that two of the people who visited his home were 12-year-old girls. “I don’t want them on my property without their parents,” he said. “This grief I do not need.”
The suit proposes a class made up of owners of U.S. property with GPS coordinates designated as Pokestops or Pokemon Gyms by the game, as well as owners of abutting property.
The case, filed in federal court in Oakland, California, is Marder v. Niantic.
See also:
ABAJournal.com: “Pokemon Go spurs lawyers to stop and consider legal issues”
