After her son’s memorial was used a Pokemon Go site, a Nanaimo woman has joined a class action suit against the apps developer.
It’s been just under a month since the wildly popular Pokemon Go app was launched in Canada.
Crowds are in all kinds of spots looking to catch digital critters.
While some are happy to see these players.
“We’ve got a lot of small to medium sized businesses that are taking advantage of this phenomenon and becoming Pokestops and Pokegyms,” says Trina Mousseau of Tourism Victoria.
There are others who would like to see them go away.
“Having them in cemeteries, I mean people who visit their family members who have passed don’t want people playing games,” says Jenny Latimer of Nanaimo.
Latimer’s two year old son Kevin passed away in 2004 and says swarms of Pokemon players have been lured to his memorial site.
“I was very afraid to have it damaged, brought a lot of worries to myself and it was a huge set back and I think that they should make changes and apologize to the people that they’ve affected negatively.”
Now Latimer is joining a class action lawsuit against the app developer, Niantic Inc.
It started in Alberta when one couple sought justice when their private property was allegedly used in the app as a Pokemon gym.
“A gym should be a public place,” says Barbie Schaeffer, the lead plaitiff in the lawsuit.
“It shouldn’t be a home, and then it started.”
“People coming through the windows, looking through the windows, looking through doors, trying to come over the fence.”
Schaeffer adds, “The better of it all was someone trying to throw a drone into our yard to play the game.
“The claim of unjust enrichment is on the basis that the company has been significantly enriched at our client’s expense,” says Calgary-based lawyer Clint Docken who launched the suit against Niantic.
Latimer emailed the company, asking the memorial location be removed from the app. It took two weeks for Niantic to respond.
“It was just a very generic, cold message that it was going to be removed,” says Latimer.
“There was no apology or anything for the disrespect.”
Latimer adds “it was just, yeah, it was about two lines.”
Latimer expects Niantic to learn from her experience.
“I hope they realize the amount, the hurt and pain that they’re causing people and the privacy that they’re invading on other people.”
A judge still has to certify the suit before it can proceed.