CourtSupreme Court of British Columbia
Date FiledMarch 17, 2023
CO-COUNSEL
Rory McGovern PC (Toronto, ON)
Calex Légal Inc. (Montreal, QC)
The claim alleges that Epic Games knew that Fortnite can cause serious harm – particularly to children – but chose to ignore this and instead prioritize maximizing profit over the mental and physical health and well-being of Fortnite players.
The claim alleges that Epic Games intentionally designed Fortnite to make players play as much as possible, sometimes leading to adverse dependence on Fortnite. The game includes many addictive features such as rewards for competing daily challenges and constant updates. Adverse dependence on Fortnite can include illnesses such as anxiety, depression, mood dysregulation and developmental delay.
The claim also alleges that Epic Games designed the way in-game purchases are made in a unfair way and made deliberate design choices to increase the likelihood that players would make accidental purchases, including the use of V-Bucks. It also alleges that Epic Games failed to warn players about the risks and harm associated with playing Fortnite, and that Epic Games breached consumer protection legislation across Canada.
Finally, for minors, the claim alleges that Epic Games knew that children were purchasing V-Bucks and in-game items without the permission of their parents/guardians and that Epic Games failed to take steps to prevent minors from making those purchases.