Fortnite: B.C. parent launches lawsuit against maker
Fortnite: B.C. parent launches lawsuit against maker
A parent in Vancouver has launched a proposed class–action lawsuit against the makers of the popular video game Fortnite, claiming that the game is designed to be “as addictive as possible” for children.
The lawsuit has been filed in B.C. Supreme Court and claims that Epic Games, the company behind Fortnite, enriches itself by offering content and customization options purchasable via an in–game currency, which must be purchased with real money.
A person logs onto Fortnite on their smartphone.
The plaintiff, identified as A.B., claims that her son downloaded Fortnite in 2018 and has since developed an addiction to the game. The statement of claim alleges that the game breaches the B.C. Business Practices and Consumer Protection Act, as well as unjust enrichment and medical expenses for psychological or physical injuries. It also states that Fortnite is “predatory and exploitative” given its popularity among minors.
Epic Games communications director Natalie Munoz has responded to the lawsuit, saying that the company will “fight these inflammatory allegations.” She pointed out that parental controls are available, social settings can be configured to the highest privacy option for minors, and there is a daily spending limit for players under 13.
Three classes of plaintiffs
The lawsuit seeks damages for the alleged breach of the B.C. Business Practices and Consumer Protection Act, as well as for “unjust enrichment” and medical expenses for psychological or physical injuries, among other claims. It would cover three classes of plaintiffs: an “Addiction Class” of people who suffered after developing a dependence on Fortnite, a “Minor Purchaser Class” that includes gamers who made purchases in the game while under the age of majority, and an “Accidental Purchaser Class” of users who mistakenly bought items due to the game’s design. The lawsuit would cover all persons affected by Fortnite in Canada except for Quebec, where Epic lost its attempt last month to appeal a court decision authorizing a similar class–action suit.
Documents made public in a separate legal battle with Apple in the United States show that Fortnite made more than US$9 billion combined in 2018 and 2019, indicating the potential for Epic Games to reap the financial benefits of the game’s global success.