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122-3252

UNITED STATES OF AMERICA

BEFORE THE FEDERAL TRADE COMMISSION

COMMISSIONERS: Edith Ramirez, Chairwoman

Julie Brill

Maureen K. Ohlhausen

Joshua D. Wright

Terrell McSweeny

In the Matter of

DEUTSCH LA, INC.,

a corporation.

DOCKET NO. CCOMPLAINT

The Federal Trade Commission, having reason to believe that Deutsch LA, Inc., a

corporation (“Respondent”), has violated the provisions of the Federal Trade Commission Act, 

and it appearing to the Commission that this proceeding is in the public interest, alleges:

1. Respondent Deutsch LA, Inc., is a California corporation with its principal office or place 

of business at 5454 Beethoven Street, Los Angeles, CA 90066.

2. Respondent, at all times relevant to this complaint, was an advertising agency of Sony

Computer Entertainment America LLC (“SCEA”), and prepared and disseminated 

advertisements to promote the sale of the PlayStation Vita (“PS Vita”). The PS Vita is a game 

console that SCEA first offered for sale in the United States on February 22, 2012. The PS Vita 

is part of SCEA’s line of game consoles, including the PlayStation 3 video game console (“PS3”) 

that allows consumers to play video games on their television sets. Unlike the PS3, the PS Vita 

is a handheld, portable game console that allows consumers to play games away from their 

television sets. In addition to selling game consoles, SCEA is one of the many game developers 

writing game titles for use on its PS3 and PS Vita game consoles. At the time the PS Vita was 

launched, “MLB 12: The Show” and “Unit 13” were popular SCEA titles for the PS3. 

3. Advertisements prepared by Respondent promoted, among other things, two notable

features of the PS Vita. First, advertisements represented that, with the “cross platform gaming” 

or “cross save” feature, consumers could begin playing a game on a PS3, save their progress at a 

specific point in the game, and then continue that game where they left off on the PS Vita. 

Second, with the “3G version” of the PS Vita, available for an extra $50 and monthly fees, 

advertisements represented that consumers could access a 3G network to play games live with 

others (“multiplayer gaming”).
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4. The acts and practices of Respondent alleged in this complaint have been in or affecting 

commerce, as “commerce” is defined in Section 4 of the Federal Trade Commission Act.

5. Respondent has disseminated or has caused to be disseminated advertisements for the PS 

Vita, including but not necessarily limited to the attached Exhibits A through D. These 

advertisements contain the following statements and depictions: 

A. Television Commercial (Exhibit A, transcript, and Exhibit B, DVD containing ad)

[Depiction of a young man sitting on a couch, playing the PS3 game, “MLB 12: 

The Show”]

[Voice Over]: “It’s a problem as old as gaming itself. Stay home and just keep 

playing, or get to work on time so your coffee breath boss doesn’t ride you like a 

rented scooter.”

[Depiction of the inside of a subway car]

[On-screen Super]: “Simulated screen visual”

[Voice Over]: “Who says you have to choose?”

[On-screen Super]: “CROSS PLATFORM PLAY”

[Depiction of the man pausing the PS3 game, picking up the PS Vita, viewing a 

download screen, and walking out the door, continuing to play the same game on 

his PS Vita while walking down the street] 

[Voice Over]: “Your PS3 stays home, but the game goes with you.”

[On-screen Super]: “#GAMECHANGER”

[Voice Over]: “Never stop playing.”

[On-screen Super]: “NEVER STOP PLAYING”

[Voice Over]: “PlayStation Vita”

[On-screen Super]: “PS VITA”

B. Television and Internet Commercial (Exhibit C, transcript, and Exhibit D, DVD 

containing ad)

[Depiction of a young man walking down the street, playing the shooting game, 

“Unit 13” on his PS Vita] 

[Voice Over]: “Suddenly it doesn’t feel so safe out there.”

[On-screen Super]: “Simulated screen visual”
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[Voice Over]: “People are lookin’ at ’cha with bad intentions. Because with Vita, 

your spot on the leader board is always up for grabs.”

[Depiction of the young man passing strangers on the street who also appear to be 

playing on a PS Vita. They look furtively at each other. A man passing by on a 

bus, who also appears to be playing a PS Vita, nods to the young man.]

[Voice Over]: Find a friend, find an enemy, find a game anywhere, anytime.”

[On-screen Super]: “3G GAMING”

[On-screen Super]: “#GAMECHANGER”

[Voice Over]: “Never Stop Playing”

[On-screen Super]: “NEVER STOP PLAYING”

[Voice Over]: “PlayStation Vita”

[On-screen Super]: “PS VITA”

6. Through the means described in Paragraph 5, Respondent has represented, expressly or 

by implication, that: 

A. PS Vita users are able to pause any PS3 game they are playing on their PS3 

consoles at a specific point in the game, and continue to play that game where 

they left off on the PS Vita.

B. PS Vita users who own the 3G version are able to engage in live, multiplayer 

gaming through a 3G network. 

7. In truth and in fact: 

A. PS Vita users are not able to pause any PS3 game they are playing on their PS3 

consoles at a specific point in the game, and continue to play that game where 

they left off on the PS Vita. This cross platform gaming feature is only available 

for a limited number of PS3 game titles, and the pause and save feature varies

significantly by game. For example, with respect to “MLB 12: The Show,” 

consumers are only able to pause and save the game to the PS Vita after having 

finished the entire baseball game (all nine innings) on the PS3.

B. PS Vita users who own the 3G version are not able to engage in live, multiplayer 

gaming through a 3G network. PS Vita users are restricted to asynchronous or 

“turn-based” multiplayer gaming with the 3G version of the PS Vita. 

Therefore, the representations set forth in Paragraph 6 were, and are, false or misleading.
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8. Through the means described in Paragraph 5, Respondent has represented, expressly or 

by implication, that consumers can play PS3 games, such as “MLB 12: The Show,” on the PS3, 

pause the game, and continue that game on the PS Vita. Respondent has failed to disclose that,

to use this feature, consumers must own two versions of the same game for each console (e.g.,

two versions of “MLB 12: The Show”), one for the PS3 and one for the PS Vita. This fact

would be material to consumers in their purchase and use of the PS Vita. The failure to disclose 

this fact, in light of the representation made, was, and is, a deceptive practice.

9. Respondent knew or should have known that the representations set forth in paragraphs 6

and 8 were, and are, false or misleading.

10. Through the means described in Paragraph 5, Respondent included the term

“#gamechanger” in advertisements for the PS Vita. This term directed consumers to online 

conversations about the PS Vita on Twitter. 

11. Approximately one month before SCEA offered the PS Vita for sale to the public, one of 

Respondent’s assistant account executives sent the following email message to all of 

Respondent’s employees:

“Fellow Deutschers –

The PlayStation Team has been working hard on a campaign to launch Sony's all-new 

handheld gaming device, the PS Vita, and we want YOU to help us kick things off!

The PS Vita's innovative features like 3G gaming, cross platform play and augmented 

reality will revolutionize the way people game. To generate buzz around the launch of the 

device, the PS Vita ad campaign will incorporate a #GAMECHANGER hashtag into 

nearly all creative executions. #GAMECHANGER will drive gamers to Twitter where 

they can learn more about the PS Vita and join in the conversation. The campaign starts 

on February 13th, and to get the conversation started, we're asking YOU to Tweet 

about the PlayStation Vita using the #GAMECHANGER hashtag. Easy, right? 

https://twitter.com/#!/search/%23gamechanger

Want to know more about what makes the PS Vita a #GAMECHANGER? Check out the 

links below:

http://us.playstation.com/psvita/

http://www.youtube.com/watch?v=Q8C5quD0a_0

Thanks for your help, and make sure to go get a PlayStation Vita on February 22nd!”
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12. As a result of this email message, various Deutsch employees used their personal Twitter 

accounts to post positive comments about the PS Vita, including the following examples:

“One thing can be said about PlayStation Vita...it’s a #gamechanger”

“PS Vita [ruling] the world. Learn about it!

us.playstation.com/psvita/#GAMECHANGER”

“Thumbs UP #GAMECHANGER - check out the new PlayStation Vita”

“This is sick. . . .See the new PS Vita in action. The gaming #GameChanger”

“Got the chance to get my hands on a PS Vita and I'm amazed how great the graphics 

are. It’s definitely a #gamechanger!”

13. Through the means described in Paragraphs 10 through 12, Respondent has represented, 

directly or indirectly, expressly or by implication, that these comments about the PS Vita were 

independent comments reflecting the views of ordinary consumers who had used the PS Vita. 

14. In truth and in fact, these comments about the PS Vita were not independent comments 

reflecting the views of ordinary consumers who had used the PS Vita. These comments were 

created by employees of Respondent, an advertising agency hired to promote the PS Vita. 

Therefore, the representation set forth in Paragraph 13 was, and is, false and misleading.

15. Through the means described in Paragraphs 10 through 12, Respondent has represented, 

directly or indirectly, expressly or by implication, that certain comments about the PS Vita 

reflected endorsements from persons who had used the PS Vita. Respondent failed to disclose 

that those comments were written by employees of Respondent, an advertising agency hired to 

promote the PS Vita. This fact would have been material to consumers in their purchasing 

decision regarding the PS Vita. The failure to disclose this fact, in light of the representation 

made, was, and is, a deceptive practice.

16. The acts and practices of Respondent as alleged in this complaint constitute deceptive 

acts or practices in or affecting commerce in violation of Section 5(a) of the Federal Trade 

Commission Act.

THEREFORE, the Federal Trade Commission this day of , , has issued this 

complaint against Respondent.

By the Commission.

Donald S. Clark

Secretary

SEAL: