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Inside the Game: Unlocking the Consumer Issues

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1 2 3 4 5 6 INSIDE THE GAME: UNLOCKING THE CONSUMER ISSUES 7 SURROUNDING LOOT BOXES 8 AUGUST 7, 2019 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 Workshop Inside the Game: Unlocking the Consumer Issues Surrounding Loot Boxes 8/7/2019 1 C O N T E N T S 2 PAGE 3 Welcome and Opening Remarks 7 4 5 Panel 1: Treasure or Trifle? A Macro Look 6 at Microtransactions 13 7 8 Panel 2: Head in the Game - What Drives Loot 9 Box Spending? 112 10 11 Panel 3: A Level Playing Field - What’s Fair 12 Game 167 13 14 Closing Remarks 232 15 16 17 18 19 20 21 22 23 24 25 For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 3 Workshop Inside the Game: Unlocking the Consumer Issues Surrounding Loot Boxes 8/7/2019 1 P R O C E E D I N G S 2 INSIDE THE GAME: UNLOCKING THE CONSUMER ISSUES 3 SURROUNDING LOOT BOXES 4 MS. JOHNSON: Good morning, everyone. My 5 name is Mary Johnson. I’m an attorney in the Division 6 of Advertising Practices in FTC’s Bureau of Consumer 7 Protection. Thank you for your interest in today’s 8 topic, “Consumer Issues Related to Video Game Loot 9 Boxes and Microtransactions.” 10 Before we get started with the program, I 11 need to review some administrative details. I don’t 12 have a catchy video to hold your attention, so please 13 listen carefully. Please silence any mobile phones 14 and other electronic devices. If you must use them 15 during the workshop, please be respectful of the 16 speakers and your fellow audience members. 17 Please be aware that if you leave the 18 Constitution Center building for any reason during the 19 workshop, you will have to go back through security 20 screening again when you return. So bear this in mind 21 and plan ahead, especially if you are participating on 22 a panel, so we can do our best to remain on schedule. 23 If you received a lanyard with a plastic FTC 24 event security badge, please return your badge to 25 security when you leave for the day. We do reuse For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 4 Workshop Inside the Game: Unlocking the Consumer Issues Surrounding Loot Boxes 8/7/2019 1 those for multiple events. 2 So now some important emergency procedures. 3 If an emergency occurs that requires evacuation of the 4 building, an alarm will sound. Everyone should leave 5 the building in an orderly manner through the main 7th 6 Street exit. After leaving the building, turn left 7 and proceed down 7th Street to E Street to the FTC 8 emergency assembly area. Please remain in the 9 assembly area until instructed to return to the 10 building. 11 If an emergency occurs that requires you to 12 leave this conference center but remain in the 13 building, please follow the instructions provided over 14 the building PA system. And if you notice any 15 suspicious activity, please alert building security. 16 Now a little bit about photos and recordings. 17 Please be advised, this event may be photographed and 18 it is being webcast and recorded. So by participating 19 in this event, you’re agreeing that your image and 20 anything you say or submit may be posted indefinitely 21 at FTC.gov or on one of the Commission’s publicly 22 available social media sites. 23 Please also note that the microphones in this 24 room on the stage are live. They will remain live 25 throughout the day, even during breaks. For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 5 Workshop Inside the Game: Unlocking the Consumer Issues Surrounding Loot Boxes 8/7/2019 1 We certainly hope that you will have 2 questions for panelists during the day. So please 3 feel free to submit written questions for the 4 panelists during the Q&A segments of each panel. 5 Question cards are available in the hallway on the 6 information table immediately outside the conference 7 room. Also, FTC volunteers will be walking around the 8 room with question cards. So if you need a blank card 9 or you have a written question to submit, just raise 10 your hand and an FTC volunteer will assist. 11 You may also submit questions for panelists 12 via Twitter to @FTC using the hashtag, #LootBoxFTC. 13 Food, drink and other necessities, lunch is 14 available here in the building from 11:30 to 2:00 p.m. 15 And after 2:00, between 2:00 and 3:00, there’s some 16 limited hours and services. After 3:00, it will be 17 closed. 18 The restrooms are located in the hallway just 19 outside this conference room. 20 Finally, thank you to everyone who helped put 21 together this event. That includes the staff of the 22 Bureau of Consumer Protection’s Division of 23 Advertising Practices, Division of Financial 24 Practices, Division of Litigation Technology and 25 Analysis, and Division of Consumer and Business For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 6 Workshop Inside the Game: Unlocking the Consumer Issues Surrounding Loot Boxes 8/7/2019 1 Education. It also includes staff of the Bureau of 2 Economics and FTC’s event planning team, Office of 3 Public Affairs, media team, and security management 4 team. 5 And now, I am pleased to introduce our bureau 6 director to give opening remarks for today’s workshop. 7 Andrew Smith is Director of the FTC’s Bureau of 8 Consumer Protection. He came to the FTC from the law 9 firm of Covington & Burling, where he co-chaired the 10 Financial Services Practice Group. Earlier in his 11 career, Mr. Smith was a staff attorney at the FTC, 12 where he focused on consumer financial protection 13 issues and led the agency’s efforts to make several 14 rules under the Fair Credit Reporting Act. 15 Please join me in welcoming BPP Director 16 Andrew Smith to the podium. 17 (Applause.) 18 19 20 21 22 23 24 25 For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 7 Workshop Inside the Game: Unlocking the Consumer Issues Surrounding Loot Boxes 8/7/2019 1 WELCOME AND OPENING REMARKS 2 MR. SMITH: Thank you, Mary. 3 So good morning, everybody. It’s my pleasure 4 to welcome you to our workshop, “Inside the Game: 5 Unlocking the Consumer Issues Surrounding Loot Boxes.” 6 I probably should give our standard disclaimer that I 7 speak only for myself and not for the Commission or 8 any individual commissioner. But thank you for being 9 here at the Constitution Center or for joining us 10 through the FTC’s live webcast. And, also, thanks to 11 those of you following on Twitter. 12 We also thank the individuals and 13 organizations who have taken the time to submit public 14 comments or make suggestions for today’s workshop 15 panels. The comment period will be open until October 16 11 and we encourage you to submit written comments on 17 issues discussed in the workshop. You’ll find details 18 on how to submit comments on our Loot Box Workshop 19 event web page. 20 So everyone -- children and adults -- plays 21 video games. There’s a video game out there for 22 almost any interest, from action and adventure to 23 sports and strategy. The video game landscape has 24 changed dramatically over the last several years. 25 Games today offer rich graphics, sophisticated For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 8 Workshop Inside the Game: Unlocking the Consumer Issues Surrounding Loot Boxes 8/7/2019 1 storylines, and can be accessed through mobile 2 devices, computers, and console systems. By one 3 estimate, more than half of game players play on more 4 than one platform, with mobile being the most common. 5 The popularity of gaming is such that it has 6 become something -- not just something that people do, 7 but an activity that people watch, discuss, debate. 8 Players livestream their video game play, YouTubers 9 and others broadcast shows about gaming, and eSports 10 competitions attract hundreds of millions of viewers 11 worldwide and have prizes in the millions of dollars. 12 But let’s get to the issue that brings us 13 here today, the purchase of loot boxes and other 14 in-game items. The ability to make in-game purchases 15 isn’t new. It’s a feature available over multiple 16 platforms. These purchase options, often referred to 17 as microtransactions, encompass a range of digital 18 items, such as cosmetic skins to outfit an avatar, 19 in-game currency, bundles, upgrades, bonus levels, and 20 containers with random assortments of mystery rewards 21 called loot boxes, loot crates, or loot chests. 22 Alternatively, players may earn virtual items 23 or in-game currency by investing time rather than 24 money, such as hours of gameplay, competing in timed 25 challenges within the game, or racking up bonuses for For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 9 Workshop Inside the Game: Unlocking the Consumer Issues Surrounding Loot Boxes 8/7/2019 1 logging into the game daily.
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