Quebec class action alleging Fortnite is addictive will go ahead, judge rules

A Quebec Superior Court judge has authorized a class action lawsuit against Epic Games, the developers of the popular video game Fortnite.

The suit was first brought to the courts in 2019 by three Quebec parents who claimed that Fortnite was designed to addict its users, many of them children, to the game. 

According to the original filing, the plaintiffs say their children exhibited troubling behaviours, including not sleeping, not eating, not showering and no longer socializing with their peers.

According to the filing, one of the children was diagnosed with an addiction by an on-call doctor at a Quebec clinic, or CLSC, in the Lower St. Lawrence region. It also notes that the World Health Organization (WHO) recognized addictive gaming disorder as a disease in 2018. 

Jean-Philippe Caron, one of the CaLex Legal lawyers working on the suit, said the case isn't unlike a 2015 Quebec Superior Court ruling that found tobacco companies didn't warn their customers about the dangers of smoking.

"[The game] has design patterns that make sure to always encourage player engagement. You have to understand that children's prefrontal cortices are still developing … so that could be part of the explanation for why this game is particularly harmful," he said.

The class action will also discuss in-game purchases, namely cosmetic items — known as skins — and the game's Battle Pass system, which offers expanded rewards as players level up.

Excessive spending on V-Bucks

The children allegedly spent excessive amounts of money on V-Bucks — an in-game currency users buy with real money — which can be exchanged for skins or used to unlock the Battle Pass.

One of the children reportedly spent over $6,000 on skins, while another spent $600 on V-Bucks — items Superior Court Judge Sylvain Lussier described as "without any tangible value." 

That may run afoul of Article 1406 of Quebec's civil code, where "serious disproportion between the prestations of the parties" — meaning, the obligation to provide something in turn — "creates a presumption of exploitation."

"What we are saying is that basically young people spend their pocket money to buy something that basically does absolutely nothing, i.e. skins or a Battle Pass," said Caron.

Caron said they're encouraging others whose lives have been negatively affected by Fortnite to get in touch, as they could possibly be eligible to join the class action.

"Whether it's in their grades in school, an increase in aggression, the fact that they no longer have social contact — so any impact Fortnite had, personally, on the family, on social and educational or professional activities — we invite you to contact us."

Developer plans to fight case

In a statement to CBC, Natalie Muñoz, the communications director for Epic Games, said the company is prepared to argue its case.

"We plan to fight this in court. This recent decision only allows the case to proceed," Muñoz wrote. "We believe the evidence will show that this case is meritless."

She said that Fortnite has parental controls that allow parents to regulate how their child interacts with the game.

The game can be set so that it needs approval to make a purchase, and a weekly report on play time can be sent to parents if they choose, she said.

Muñoz said Epic has also recently put in place a daily spending limit for players 13 and under.