One of the girls who appeared topless in The Guy Game was 17 years old at the time of filming, making it illegal to sell in territories where the age of consent is 18. This was not known by Topheavy Studios or representatives scouting for girls during the 2003 spring break season in Texas, as she provided a fake ID card and signed a consent form before participating. Her real age did not come to light until four months after the game's release, when her brother purchased the game and told her she was in it, leading her to sue Topheavy Studios, Gathering of Developers (a subsidiary of Take Two Interactive which included Topheavy), Microsoft and Sony (whose consoles the game was released for).

She argued she was not informed that footage of her would be used in-game and on its promotional website, that she was not able to give consent at the time and that the developers misappropriated her likeness by failing to discover her age inaccuracies and releasing the game. Legal counsel for Topheavy argued that she entered and participated in the game willingly and that the fraudulent representations of her age made to the producers made it reasonable for them to have treated her as an adult. A Texas county judge granted a temporary injunction against manufacturing copies of the game until her voice, name and image were removed entirely, but the legal proceedings did not determine if Topheavy had produced child pornography in violation of Texas obscenity laws. The following year, Topheavy released a DVD version of the game with additional content not featured in the original game titled "The Guy Game: Game Over". They appeared to take the controversy in stride, stating on the game's store page: