A Vancouver parent has launched a proposed class-action lawsuit against the makers of Fortnite, saying the popular video game is designed to be 含羞草研究社渁s addictive as possible含羞草研究社� 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 含羞草研究社渄eveloped an adverse dependence on the game.含羞草研究社�
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 含羞草研究社渦njust enrichment含羞草研究社� and medical expenses for psychological or physical injuries, among other claims.
含羞草研究社淰ideo 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含羞草研究社檚 design,含羞草研究社� the court statement says.
It describes the game as 含羞草研究社減redatory and exploitative,含羞草研究社� 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 含羞草研究社渞eceived payment for numerous charges含羞草研究社� made to her credit card without her authorization. The statement says A.B.含羞草研究社檚 son spent 含羞草研究社渢housands of dollars含羞草研究社� on in-game purchases.
含羞草研究社淚f 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,含羞草研究社� the statement says.
The lawsuit, if approved by the court, would cover three classes of plaintiffs: an 含羞草研究社淎ddiction Class含羞草研究社� of people who suffered after developing a dependence on Fortnite, a 含羞草研究社淢inor Purchaser Class含羞草研究社� that includes gamers who made purchases in the game while under the age of majority, and an 含羞草研究社淎ccidental Purchaser Class含羞草研究社� of users who mistakenly bought items due to the game含羞草研究社檚 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 含羞草研究社渂ased purely on speculation,含羞草研究社� 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含羞草研究社檚 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含羞草研究社檚 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.
含羞草研究社擟huck Chiang, The Canadian Press
