Fortnite class action claims game invades children’s privacy 

Fortnite children’s privacy class action lawsuit overview: 

• Who: A group of children and their guardians filed a class action lawsuit against Epic Games Inc. 
• Why: The group claims Epic Games invades the privacy of Fortnite video game users younger than 13 by collecting their personal information without obtaining verifiable parental consent. 
• Where: The Fortnite class action lawsuit was filed in California federal court. 

A new Fortnite class action alleges Epic Games invades the privacy rights of millions of children younger than 13 who play the company’s free-to-download video game.

A group of children and their respective guardians claim in the lawsuit that Epic Games routinely collects personal information of its underage Fortnite users, including their name, geolocation, biometric data and persistent identifiers, among other things. 

The group of plaintiffs argue Epic Games generates billions of dollars in revenue by collecting information to “facilitate in-game purchases, target advertising, and sell merchandising.” 

“Fortnite’s revenue streams each depend upon the exploitation of children and their Personal Information,” the Fortnite class action alleges. 

The group wants to represent individuals from a total of 34 U.S. states who are or were younger than the age of 13 when they created an Epic Games account and, after playing Fortnite, had their personal information collected, used or disclosed by the company without first obtaining verified parental consent. 

Epic Games previously fined for Fornite children’s privacy violations

Fortnite is continuing to violate the Children’s Online Privacy Protection Act (COPPA) by collecting the personal information of its users under the age of 13 without first receiving verifiable consent from a parent, the class action lawsuit alleges. 

The plaintiffs note Epic Games already was fined by the U.S. federal government in December 2022 over allegations of COPPA violations. Epic Games agreed to pay a civil penalty of $275 million and to implement a number of privacy measures. 

“Plaintiffs bring this case individually and on behalf of all other similarly situated children who have suffered a violation of their reasonable expectation of privacy as a result of Epic’s unlawful conduct,” the Fortnite class action states. 

In addition to allegations of violating COPPA, the plaintiffs claim Epic Games is guilty of unjust enrichment and intrusion upon seclusion, and of violating consumer protection laws in Washington and California. 

In an emailed statement to Top Class Actions, Epic Games said the allegations “do not reflect how Fortnite operates.”

“Epic will fight these claims,” the company says. “Fortnite has high privacy default settings for players under the age of 18. By default, voice chat is disabled, profile details are hidden, parties are set to ‘Invite Only,’ and personalized recommendations are turned off. Additionally, when a player indicates they are under 13 or their country’s age of digital consent, their account will be a Cabined Account, which provides a safe and inclusive space to play Fortnite. They will be asked to provide a parent or guardian’s email address to receive consent to access certain features including chat and to make real money purchases. Parents can review Epic’s privacy practices, set up Parental Controls, and verify they are an adult. Once the player receives parental consent their experience will respect their parent or guardian’s preferred Parental Control settings.”

The plaintiffs demand a jury trial and request declaratory and injunctive relief and an award of actual, compensatory and/or statutory and punitive damages for themselves and all class members. 

The Federal Trade Commission ordered Epic Games to pay $245 million — separate from the $275 million fine for alleged COPPA violations — in September 2023 to resolve claims it tricked its young users into making large purchases. The money went into a settlement fund made to refund users who purchased unwanted items with in-game currency or who purchased items without parental consent. 

Has your child played Fortnite? Let us know in the comments.

The plaintiffs are represented by Patrick Carey and Mark Todzo of Lexington Law Group LLP and Ian W. Sloss, Jennifer Sclar, Johnathan Seredynski, Krystyna Gancoss and Kate Sayed of Silver Golub & Teitell LLP. 

The Fortnite children’s privacy class action lawsuit is Axelrod, et al. v. Epic Games Inc., Case No. 3:24-cv-00517, in the U.S. District Court for the Southern District of California.

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