B.C. parent launches class-action lawsuit against makers of Fortnite video game
A Vancouver parent has launched a proposed class-action lawsuit against the makers of Fortnite, saying the popular video game is designed to be “as addictive as possible” for children.
In the lawsuit filed in B.C. Supreme Court on Friday, the plaintiff identified only as A.B. says her son downloaded Fortnite in 2018 and “developed an adverse dependence on the game.”
The statement of claim says the game incorporates a number of intentional design choices such as offering rewards for completing challenges and making frequent updates, which encourages players to return repeatedly.
Fortnite creator Epic Games says in a written response released Monday that it will fight the “inflammatory allegations.”
The plaintiff statement says Epic Games enriches itself by making content and customization options purchasable via an in-game currency, which are purchased with real cash.
The class-action lawsuit would still need approval from a judge and none of the allegations have been proven in court.
The plaintiff is seeking damages alleging the game breaches 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.
“Video games have been around for decades, but Fortnite is unique in that the science and psychology of addiction and cognitive development are at the core of the game's design,” the court statement says.
It describes the game as “predatory and exploitative,” given its popularity among minors.
Epic Games says the company has had “cabined accounts” in place since 2022, which allow for parents to track their children's playtime and limit purchases.
Other measures such as a daily spending limit for players under 13 and instant purchase cancellations are also in place, the company says.
“These claims do not reflect how Fortnite operates and ignore all the ways parents can control their child's experience through Epic's parental controls,” the statement says.
In the lawsuit, A.B. says her son began playing Fortnite: Battle Royale on a Sony PlayStation 4 game console when he was nine years old. The boy, she said, soon began buying various Fortnite products while adding the game to different platforms at home, including on a mobile phone and a computer.
Since that time, A.B. says Epic Games “received payment for numerous charges” made to her credit card without her authorization. The statement says A.B.'s son spent “thousands of dollars” on in-game purchases.
“If Epic Games had warned A.B. that playing Fortnite could lead to psychological harm and financial expense, A.B. would not have allowed (her son) to download Fortnite,” the statement says.
The lawsuit, if approved by the court, 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 Quebec, where Epic lost its attempt last month to appeal a court decision there to authorize a similar class-action suit.
In the Quebec class-action appeal attempt, Epic lawyers argued the claims that children were becoming addicted to Fortnite were “based purely on speculation,” and no scientific consensus exists on cyberaddiction.
Epic Games also said in the Quebec case that it was not given a chance to argue against the claim that minors who bought Fortnite's in-game currency were taken advantage of.
Quebec Appeal Court Justice Guy Cournoyer said in his decision that Epic did not demonstrate any significant error on the lower court judge's decision to authorize the class-action lawsuit in that case.
Epic said in documents made public in a separate legal battle with Apple in the United States that Fortnite made more than US$9 billion combined in 2018 and 2019.
The legal claim in Quebec against the video game maker still needs to be argued in court.
This report by The Canadian Press was first published March 20, 2023.
CTVNews.ca Top Stories
BREAKING Toronto Raptors player Jontay Porter banned from NBA
Toronto Raptors player Jontay Porter has been handed a lifetime ban from The National Basketball Association (NBA) following an investigation which found he disclosed confidential information to sports bettors, the league says.
'$6.66 per day': Advocacy groups disheartened by funding in budget for disability benefit
Advocacy groups across Canada are expressing widespread disappointment about the amount of funding earmarked in the 2024 federal budget for the long-awaited Canada Disability Benefit.
BREAKING Former Air Canada employees among suspects identified in gold heist at Pearson airport: police
Police say one former and one current employee of Air Canada are among the nine suspects that are facing charges in connection with the gold heist at Pearson International Airport last year.
Earthquake jolts southern Japan
An earthquake with a preliminary magnitude of 6.4 hit southern Japan late on Wednesday, said the Japan Meteorological Agency, without issuing a tsunami warning.
MPs summon ArriveCan contractor to the House to be admonished in rare parliamentary display
Enacting an extraordinarily rarely used parliamentary power, MPs have summoned an ArriveCan contractor to appear before the House of Commons on Wednesday afternoon to be admonished publicly for failing to answer their questions.
opinion Don Martin: Gusher of Liberal spending won't put out the fire in this dumpster
A Hail Mary rehash of the greatest hits from the Trudeau government’s three-week travelling pony-show, the 2024 federal budget takes aim at reversing the party’s popularity plunge in the under-40 set, writes political columnist Don Martin. But will it work before the next election?
Gas prices across Ontario expected to climb to levels not seen since 2022, analyst says
Ontario is going to see a big jump at the pumps later this week as gas prices in the province hit levels not seen in nearly two years, according to one industry analyst.
Ancient skeletons unearthed in France reveal Mafia-style killings
More than 5,500 years ago, two women were tied up and probably buried alive in a ritual sacrifice, using a form of torture associated today with the Italian Mafia, according to an analysis of skeletons discovered at an archeological site in southwest France.
Paul McCartney and John Lennon’s sons have released a single together
A new Lennon and McCartney collaboration is the last thing anybody expected.