One of the girls who appeared topless in the game was 17 years old at the time of development, making The Guy Game illegal to sell in countries where the age of consent was 18. However, this did not come to light until four months after the game's release, when the same girl sued the game's developers Topheavy Studios, Gathering of Developers (a subsidiary of 2K Games' owner Take Two Interactive which included Topheavy Studios), Microsoft and Sony (on which the game was released for the Xbox and PlayStation 2), as she was not informed that the footage of her would be used in-game and on the game's promotional website. A Texas county judge granted a temporary injunction against the production of copies of the game until her voice, name and image were removed from the game entirely.

The following year, Topheavy Studios released a DVD version of the game with additional content not featured in the original game titled "The Guy Game: Game Over", while taking the controversy in stride stating on the game's store page: