Hot Coffee settlement site percolating

Customers offended by Grand Theft Auto: San Andreas sex minigame can now sign up to receive checks from class action suit.

With Grand Theft Auto IV finally issued a concrete release date (again), Take-Two Interactive may finally be getting the chance to fully put the San Andreas Hot Coffee scandal behind it. The publisher agreed to settle a class action lawsuit centered around the controversial minigame last November, and gamers can now visit an official Web site to sign up for their piece of the settlement pie.

Under the terms of the settlement, Take-Two will be offering a handful of remedies to customers, from an exchange program to replace AO-rated versions of the game with M-rated discs to cash payments. In order to claim the benefits, customers will have to swear that they bought a copy of the game before July 20, 2005 (the day San Andreas was rated AO for Adults Only by the Entertainment Software Rating Board), and were "offended and upset by the ability of consumers to modify and alter the game's content" with the mod. They also have to swear that they wouldn't have purchased the game if they'd known about the mod, and would have returned the game upon learning of the mod if they thought they could.

Anyone with a copy of the original San Andreas can exchange it for a replacement disc without the objectionable content. Those who have a detailed receipt from the purchase of the disc can get a cash payment of $35 or 75 percent of the purchase price, whichever is less. If someone submits a credit card statement or canceled check made out to a store that sold the game, that person can get reimbursed for the lesser of $17.50 or 35 percent of the purchase price.

Even gamers without proof of purchase or even a copy of the game are eligible for restitution. Those who swear to the approximate location and date of purchase can get $10 if they also send in a San Andreas disc to be replaced, or $5 if they no longer have the disc.

Take-Two has said it will spend at least $1 million on settlement benefits, but its out-of-pocket costs as a result of the agreement will be capped at $2.75 million. If the total number of claims against the publisher amounts to more than that, the cash payments will be trimmed across the board on a prorated basis.

By signing up to receive benefits, customers are waiving their rights to sue Take-Two over the Hot Coffee issue on their own. Those who want to retain those rights must opt out of the settlement agreement in writing. For more details, visit the settlement site.

259 Comments

  • RatedR4Rene

    Posted Dec 8, 2008 2:26 pm PT

    Didn't the original game come out as a Rated M for Mature and it was for teens 17 and up?

  • catbuffalo

    Posted Apr 10, 2008 1:12 am PT

    Actually i advocate everybody cashing in on this. If we take enough then maybe we can reform frivolous lawsuits like this.

  • Smoolander

    Posted Feb 23, 2008 11:35 pm PT

    Does this just seem to highlight how the American media and legal system is run by neo-conservatives with a disgraceful sense of inappropriate content.

    "It's OK for my 15 year old son to walk up to a stranger in the street in a game and shoot them with a shot gun, but you shouldn't be watching simulated sex in a game. There's a good boy, you continue with the violence".

    Sorry, this just screams STUPIDITY to me.

  • reneetruss

    Posted Feb 22, 2008 8:18 pm PT

    no they left an half finish sex minigame in the game's cutting room where noone had access to it. It wasn't apart of the finish product. It was the darn mod community that dig into the game and made software and hardware to access it. lets get our fact straight and the fact that they gave some lawyer in a class action suit any money is astounding.

  • jessie5788

    Posted Feb 8, 2008 7:53 pm PT

    thers no way in hell i would return my hot coffee version of GTA:sa. people who are offended are sad. most people who sign up will only get 5 dollars. i blow my nose with 5 dollars. its not enough money for anyone to waste there time with. any one who sign up for this is not a true gamer. i hope gta 4 has a sex scene also. damn PTA parents.

  • Noob-Antichrist

    Posted Feb 4, 2008 10:07 am PT

    Wow, I don't what's stupider, this insane law system or division_9

  • division_9

    Posted Feb 4, 2008 7:04 am PT

    It's not silly at all. They put a sex minigame in and rate it for 18 year olds and you guys say its unfair and ridiculous?. I'll tell you who's being ridiculous its you!. they pretty much had it coming when they decided to have a sex minigame shoved in and sell it to 18 year olds cybernerds.



    @smc_sewer

    The only normal people left are U.S. gamers?. What kind of world do you live in?. If there are any bad gamers in the world its americans. American "Gamers" are generally ignorant,arrogant,self centered,greedy,uncaring,disrespectful,stupid,useless,wasteful,obese,lazy,
    septimistic,emo-ic,crazy,boring and just plain weird. They are the very icon of the typical nerd!. Being normal is basically being a weirdo because no one's perfectly normal in the first place!!.

  • Devvy01

    Posted Feb 3, 2008 4:52 am PT

    This is plain silly, buy the game and take your own responsability for your own actions.

  • smc_sewer

    Posted Feb 2, 2008 10:49 pm PT

    I'm offended YES! i'm offended that no country will allow an AO rating for games.
    I'm offended that censor boards for each country are two faced and dont turn around and ban all any other material that kids will and do get hold of.
    Whats the world coming to ? it's full of idiots and it looks like us gamers are the only normal people left.

  • PoisonMushroom

    Posted Feb 2, 2008 9:31 pm PT

    damn the world, take two doesn't deserve this.

  • OJTiger

    Posted Feb 2, 2008 7:24 pm PT

    dam i thought about doin iut but $17 aint enugh

  • dag204

    Posted Feb 2, 2008 1:26 pm PT

    This is just ridiculous.

  • JimmyH03

    Posted Feb 2, 2008 1:03 pm PT

    okay, so you love the game and then you're cheating the company out of money from a case the shouldn't have lost...
    i'm with you on that massuht...
    i pity you people claiming money!

  • fixdeluxe1

    Posted Feb 2, 2008 12:37 pm PT

    I love this game but I am going to get a free 35 bucks woohoo I got the game free

  • alljoemama92

    Posted Feb 1, 2008 4:42 pm PT

    hey i still got my hot cofie copie as well no thanks when you buy a game thats rated 17 and up be ready for the worst and wtf i can kill a cop with a **** but nooo sex is bad killing is good people like this is what is wrong with the world

  • kb8618

    Posted Feb 1, 2008 4:34 pm PT

    damn i think i threw out my receipt last year after i found it in the game case

  • parrot_of_adun

    Posted Feb 1, 2008 4:07 pm PT

    I honestly think that ANYONE who believes T2 should be sued deserves to burn.

    Since when was non-graphic sex WORSE than bloody massacre of police officers??? (not that I'm against that).

  • massuht

    Posted Feb 1, 2008 3:58 pm PT

    What a load! Screw this stupid settlement and every lying jerk who takes advantage of it for a few dollars. It's too bad they couldn't ban anyone who collects on this from playing GTA4. I bet that would eliminate at least ninety-five percent of the payouts. Pretty sad that people aren't more loyal and would rather have a pathetic 35 dollars than show support to a company that makes such great games.

  • 360wishlist

    Posted Feb 1, 2008 3:34 pm PT

    wow this retarded

  • sirus1210

    Posted Feb 1, 2008 1:47 pm PT

    what i find more annoying than anything is how exactly rockstar ended up losing the hot coffee case in the first place. it took a user modification to access the content! it just seems like maybe they should make some changes to their legal department ...

  • xNJN

    Posted Feb 1, 2008 11:34 am PT

    I'll take that $35 and preorder GTAIV with it.

  • andegelvil

    Posted Feb 1, 2008 11:29 am PT

    Shoot a cop in the head watch blood splirt out ,no problem, watch people have sex we gotta problem chuck.

  • Cygnus_Turk

    Posted Feb 1, 2008 8:27 am PT

    This is test message.

  • kerc_chaos

    Posted Feb 1, 2008 8:20 am PT

    @ 10054254

    LMAO, damn straight there were some sex scenes in that game, but it's from Europe, I suppose it's legit there.

  • 10054254

    Posted Feb 1, 2008 6:09 am PT

    I think ill hold on to my copy thank you, then stick it on ebay in a few years. Can i complain about fahrenheit? it had an interactive sex scene in it....infact 2 of them. So can i get money from them?

  • metaldeath87

    Posted Feb 1, 2008 1:40 am PT

    Oh hell yeah. I've got a "Hot Coffee" copy. Looks like I was shocked and offended by the content. It's only $35, but damn. Who am I to say no to free money?

  • TranClan

    Posted Jan 31, 2008 11:53 pm PT

    If I was dihonorable I'd pretend I was offended and take the cash then I'd at least try to do some good with it like maybe donate it to a local charity cause it would benefit somebody else who needed the cash instead of me

  • BrushedMetal

    Posted Jan 31, 2008 10:06 pm PT

    i really dont think its children who are offended...i bet 99.8% of those were parents who probably came in the door catching some of them....ummm playing with their joysticks.

    but seriously, its M-rated! you know...as in MATURE.

    a little common sense is all it takes

  • JackfnBurton

    Posted Jan 31, 2008 7:53 pm PT

    Is there a place where people offended by the lawsuit can get cash?

  • D_K

    Posted Jan 31, 2008 7:23 pm PT

    jk by the way lol. Rockstar rules i wouldnt do that, but still isnt this all just a bit rediculus? a toal of 1 million dollars to be spent for this sh*t? no wonder our planet is so F*cked up.
    take this money and give it to a good cause or go feed some starving children who actually NEED help.

    hell if this money was donated to a worthwhile cause im sure all the "upset" consumers(who downloaded the mod itself. . . obviously wanted to see this content in the first place) would forgive and forget. unless they want they're 35 dollars or less.
    then in that case, you're damning yourself to eternal hell-fire

  • the-very-best

    Posted Jan 31, 2008 7:16 pm PT

    That's ridiculous. People will just swear (and lie) for free cash.

    It's kind of sad that people would be offended by the hot coffee anyway. The people that play GTA are supposed to be old enough to handle sex, violence etc.

    Stupid. R* shouldn't have to do anything but issue a simple apology.

  • D_K

    Posted Jan 31, 2008 7:15 pm PT

    time to get my 5 bucks for doin nothin! "I SWEAR"

  • Simba_Dude

    Posted Jan 31, 2008 5:58 pm PT

    Isn't this drama finished yet?

  • osxgp

    Posted Jan 31, 2008 5:56 pm PT

    In order to claim the benefits, customers will have to swear that they bought a copy of the game before July 20, 2005 (the day San Andreas was rated AO for Adults Only by the Entertainment Software Rating Board), and were "offended and upset by the ability of consumers to modify and alter the game's content" with the mod. They also have to swear that they wouldn't have purchased the game if they'd known about the mod, and would have returned the game upon learning of the mod if they thought they could. I think the only ones who would complain are parents that were stupid enough to buy this for their kids or people who just want to get some money.

  • frogiggy323

    Posted Jan 31, 2008 4:37 pm PT

    Hmm, you don't want the content, don't download the modification... Then you won't have this "offensive material." Then all you have left is one of the greatest games ever made. This case should have been over years ago.

  • Tebbit

    Posted Jan 31, 2008 3:21 pm PT

    I would go for the easy cash, but my morals forbid it. I don't want to pillage Rockstar, they make so many good games! It would be like pirating Shadow of the Colossus, or not paying the American writers royalties on online distribution.

  • manapsal

    Posted Jan 31, 2008 2:53 pm PT

    i'm gonna see if i can pocket me an extra $10 lol

  • The_15th

    Posted Jan 31, 2008 2:42 pm PT

    It's pretty unreal they're offended at consensual relationships and not the running over of prostitutes which was actually offensive.

    "and I'm pretty sure people buy porno these days so I don't get the idea here."
    They used to pay for it, now they download it. You've got it all backwards. Youths today!

  • Jedo

    Posted Jan 31, 2008 2:10 pm PT

    Like saying: "The judicial system will allow Rockstar to be robbed and all of you who want a piece, please stick your hands into the open wallet"

  • buffdaddy69

    Posted Jan 31, 2008 2:07 pm PT

    Why should Rockstar have to pay these morons back for a third party MOD that THEY DOWNLOADED....It wasn't like Rockstar ambushed them in the parking lot and forced a computer on them with the sex mini game on the screen and made them play it. They downloaded it for one reason...because there virgins who's donkeys have never been wet.

  • R3V3N4N7

    Posted Jan 31, 2008 2:07 pm PT

    If anyone was actually offend from that needs to get into the real world.

  • MrMartinLee

    Posted Jan 31, 2008 12:39 pm PT

    Anyone willing to accept money for being offended by a mod in a GTA game... there should be a website with their pictures on it for our protection (from stupidity)

  • ukillwegrill

    Posted Jan 31, 2008 12:28 pm PT

    Thats silly Rockstar owe me NOTHING in fact i should still be paying them

  • zeeshan810

    Posted Jan 31, 2008 12:05 pm PT

    stiilllll the best game

  • gozalo

    Posted Jan 31, 2008 11:40 am PT

    Shocking.

  • HalfroSamuri

    Posted Jan 31, 2008 11:08 am PT

    @pumkinboodie

    yeah our society IS that retarded. what gets me is the time and money paid for researching the accusations, the $ paid for the lawyers and the fact that our tax dollars went to such stupidity..... freedom now takes a backseat to "not offending people". sick sad isht

  • PumpkinBoogie

    Posted Jan 31, 2008 10:19 am PT

    Wow...just wow, never thought you could actually get paid in settlement for offensive content in a median that was never really meant to be seen in the first place (only was viewable help from a mod)? Hmm....isn't our legal system AMAZING?!.....

    ....or is human society just that stupid? Nevermind, don't answer that....I get the strange feeling I already know the answer.

  • cheese5000

    Posted Jan 31, 2008 9:01 am PT

    this is almost dumber than the lady that tripped and broke her leg on the CITY sidewalk and sued the bank, who didnt do anything at all, it isnt even their sidewalk!

  • xgalacticax

    Posted Jan 31, 2008 8:50 am PT

    In all honesty, who in their right mind was offended by it, lol. Why would I want to give up the Hot coffee mod?, Its my whole reason for owning san andreas.

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