Quebec court rejects Epic Games appeal, Fortnite lawsuit to proceed

The Quebec Court of Appeal has rejected an Epic Games request to toss the December decision authorizing a class action that argues the company’s video game Fortnite Battle Royale is too “addictive.”

Quebec Superior Court Justice Sylvain Lussier authorized the class-action suit and Appeal Court Justice Guy Cournoyer wrote the decision rejecting the appeal, saying he did not find any errors in Lussier’s judgement.

The case can now move forward.

Three Quebec parents sued the U.S.-based Epic, alleging the game’s creators deliberately designed Fortnite Battle Royal to be “highly addictive” and that the game was responsible for causing their children (who are minors) to suffer psychological, physical and financial harm.

They are seeking damages that will be determined at a later date.

None of the allegations have been proven in court and a court date will be set soon. 

Fortnite’s maker was ordered to pay US$520 million to settle complaints at the end of 2022 surrounding children’s privacy and it’s payment methods that duped players into making unintended purchases, according to the U.S. Federal Trade Commission.

The settlement is split into a $245 million customer refund order for so-called “dark patterns” and billing practices, and a $275 million fine for collecting personal information on players under 13 without informing their parents.

Dark patterns are deceptive online methods used to pressure players to do things they didn’t intend to do.

“Fortnite’s counterintuitive, inconsistent, and confusing button configuration led players to incur unwanted charges based on the press of a single button,” the FTC said. “These tactics led to hundreds of millions of dollars in unauthorized charges for consumers.”