Epic Games, Inc. permits free downloads of its video games, including the game Fortnite, which is aimed at children. However, the free games aren’t always entirely free; they may involve in-app purchases. The complaint for this class action asking for a declaratory judgment confirming “a minor’s right to disaffirm in-app purchases…” That is, the complaint alleges that Epic cannot refuse to refund in-app purchases that were targeted at minors in games designed for minors.
The class for this action is all minors in the US who, within the statute of limitations, made an in-app purchase that was non-refundable or make with their own gift card. There is also a California, for minors in California.
Epic is a billion-dollar company that makes video games that can be played on a variety of platforms—iOS, Android, Windows, Mac, PlayStation, Xbox, and Nintendo Switch. Fortnite, an open-world survival game, is one of its products. Targeted at children, it can be downloaded for free. However, the game invites in-app purchases for the games, including virtual supplies, ammunition, skins, game currency, and so on.
The complaint alleges that the games are deliberately addictive and “tend to compel children playing them to make purchases.” It says the game has been “compared to crack-cocaine” and cites an article on Bloomberg.com called “Fortnite Addiction is Forcing Kids into Video-Game Rehab.” It also cites a 2018 Society for the Study of Addiction editorial entitled “Predatory Monetization Schemes in Video Games (e.g. “loot boxes”) and Internet Gaming Disorder.”
The complaint says, “Players, especially minors, are driven to spend money on in-App Purchase. Many of these purchases are made in a rush and in the heat of the moment while playing the game.” However, the complaint says, “on information and belief,” that Epic does not refund these purchases, except on certain platforms where it allows a total of three refunds during the life of the user, and then only from purchases made within the past thirty days.
The complaint shows two screenshots of items that are not refunded. One does not inform purchasers of the no-refund policy; the other references it only in small type at the bottom right, well away from other information. Minors are able to use cash or gift cards to buy these aids.
Unfortunately, the complaint says, “Fortnite does not include any inbuilt parental controls that would allow parents or guardians of minors to make informed decisions regarding in-app purchases.” Also, the complaint claims that the game uses a currency called V-Bucks to keep minors from being fully aware that they are spending actual cash. When purchases are made, the game does not allow any disclosure or notification of how much cash has actually been spent.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Fortnite Game Lures Minors into In-App Purchases Class Action
June 21, 2019
Epic Games, Inc. permits free downloads of its video games, including the game Fortnite, which is aimed at children. However, the free games aren’t always entirely free; they may involve in-app purchases. The complaint for this class action asking for a declaratory judgment confirming “a minor’s right to disaffirm in-app purchases…” That is, the complaint alleges that Epic cannot refuse to refund in-app purchases that were targeted at minors in games designed for minors.
epic_games_fortnite_in-app_purchases_for_minors_compl.pdfCase Event History
Fortnite Game Lures Minors into In-App Purchases Class Action
June 21, 2019
Epic Games, Inc. permits free downloads of its video games, including the game Fortnite, which is aimed at children. However, the free games aren’t always entirely free; they may involve in-app purchases. The complaint for this class action asking for a declaratory judgment confirming “a minor’s right to disaffirm in-app purchases…” That is, the complaint alleges that Epic cannot refuse to refund in-app purchases that were targeted at minors in games designed for minors.
epic_games_fortnite_in-app_purchases_for_minors_compl.pdf