A Vancouver parent has launched a proposed class-action lawsuit against the makers of Fortnite, saying the popular video game is designed to be BԪַas addictive as possibleBԪַ 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 BԪַdeveloped an adverse dependence on the game.BԪַ
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.
The statement says Fortnite creator 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 BԪַunjust enrichmentBԪַ and medical expenses for psychological or physical injuries, among other claims.
BԪַBԪַ 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 gameBԪַs design,BԪַ the court statement says.
It describes the game as BԪַpredatory and exploitative,BԪַ given its popularity among minors.
Epic Games did not immediately respond to a request for comment on the lawsuit.
In the statement, 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 mobile phone and computer.
Since that time, A.B. says Epic Games BԪַreceived payment for numerous chargesBԪַ made to her credit card without her authorization. The statement says A.B.BԪַs son spent BԪַthousands of dollarsBԪַ on in-game purchases.
BԪַIf 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,BԪַ the statement says.
The lawsuit, if approved by the court, would cover three classes of plaintiffs: an BԪַAddiction ClassBԪַ of people who suffered after developing a dependence on Fortnite, a BԪַMinor Purchaser ClassBԪַ that includes gamers who made purchases in the game while under the age of majority, and an BԪַAccidental Purchaser ClassBԪַ of users who mistakenly bought items due to the gameBԪַs 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 BԪַbased purely on speculation,BԪַ 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 FortniteBԪַs 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 judgeBԪַs 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.
BԪַChuck Chiang, The Canadian Press