Game publishers Take-Two said that it has found a preliminary settlement for all consumer class action lawsuits pending in the United States against the company and its subsidiary Rockstar Games relating to the “Hot Coffee” mod for the Grand Theft Auto: San Andreas video game.

According to the terms of the agreement class members will be able to exchange their game disk for an edited copy of Grand Theft Auto: San Andreas or claim a cash payment of $35, depending on the proof of purchase that is being provided. Consumers applying for these benefits will have to swear that they “(a) bought a copy of Grand Theft Auto: San Andreas before July 20, 2005; (b) were offended and upset by the ability of consumers to modify and alter the game's content using the third-party Hot Coffee modification; (c) would not have bought the game had they known that consumers could modify and alter the game's content using the third-party Hot Coffee modification; and (d) would have returned the game, upon learning the game could be modified and altered, if they thought this possible.”