Fortnite Class Action Says Kids Tricked Into Making In-App Purchases

Epic Games, maker of the popular game Fortnite, has been hit with a class action lawsuit alleging that it prompts children to make in-app purchases. 

Plaintiff Johnny Doe, a minor, says that he downloaded the game for free, but was driven to buy non-refundable in-app purchases by the game, “in the heat of the moment.”

The plaintiff states that he made in-app purchases with gift cards that he received on his birthday. However, these purchases are not refundable, according to the plaintiff.

“Even when the minors change their mind in a matter of minutes, minors are not able to refund the purchase and disaffirm the contract,” the Fortnite class action lawsuit alleges.

The Fortnite class action lawsuit argues that minors are not notified about how much money they have spent on in-app purchases, thus they are “less equipped to critically appraise the reasonableness of making additional in-app purchases.”

The plaintiff alleges that there are no parental controls inherent in the game that would assist parents and their children in making decisions on in-app purchases.

The Fortnite class action lawsuit states that games like Fortnite are “highly addictive, designed deliberately so, and tend to compel children playing them to make purchases.” The class action lawsuit compares the game Fortnite to crack-cocaine and heroin.

The plaintiff claims that Fortnite allows users to earn “V-Bucks” (a kind of virtual currency) while playing the game, but this is an erratic and random method of doing so, and depends on the amount of time that is spent on the game.

Fortnite also allows users to purchase “V-Bucks” within the game. The class action lawsuit states that, “One hundred V-Bucks generally costs around $1.00…However, a player can obtain V-Bucks at a discount by purchasing a higher quantity..For example, for a price of $99.99, a player can purchase 13,500 V-Bucks, a $135.00 value.”

The Fortnite class action lawsuit argues that this system of converting dollars to “V-Bucks” makes it hard for players, especially minors, to have an understanding of exactly how much money they are spending on the game.  

Since “V-Bucks” are purchased at “odd amounts,” the class action lawsuit alleges that Epic Games is using a “10 hotdogs, 8 buns” trick, with the users always needing to purchase more currency to buy the items they need.

Also, Epic Games allows users to purchase “V-Bucks” in an easy manner, the Fortnite class action lawsuit states. Once a credit card is saved on the system, the virtual currency can be bought within seconds.

“The ease of purchase combined with the constant cycle of needing V-Bucks for the latest and greatest items results in more purchases,” the Fortnite class action lawsuit states.

The plaintiff alleges violation of the Declaratory Judgment Act, California’s contract laws, Consumers Legal Remedies Act, breach of good faith and fair dealing, negligent misrepresentation, and unjust enrichment.

The Class Members include, “All minors in the United States, within the applicable statute of limitations, who made an in-App purchase that was non-refundable, or made an in-App purchase with their own gift card.”

The plaintiff is represented by Peter R. Afrasiabi, Deepali A. Brahmbhatt, and John E. Lord of One LLP.

The Fortnite In-App Purchase Class Action Lawsuit is Doe, et al. v. Epic Games Inc., Case No. 4:19-cv-03629, in the U.S. District Court for the Northern District of California.

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