The class action lawsuit against the developer of the Fortnite video game can go ahead, Court of Appeal Judge Guy Cournoyer ruled on Friday. Three parents of underage Quebec gamers filed this application in 2019, denouncing the addiction caused by this game.
Posted at 2:33pm
“We are happy for the members and we can start the evidence-gathering process from May or June this year,” said Me Jean-Philippe Caron, a lawyer at Calex, in charge of collective action, in an interview.
In a ruling on Friday, Judge Cournoyer denied Epic Games – the developer of the Fortnite game – an appeal request to allow the class action lawsuit that was issued by the Superior Court last December.
Recall that the three Quebec parents accuse Fortnite and Epic Games, which opened a large studio in Montreal in October 2018, of “creating an addiction to the game.” [comparable] to what heroin or cocaine can produce,” read the Supreme Court’s original decision. The symptoms of this addiction are described in detail and include “migraines, back and neck pain, poor basic hygiene, sleep disorders, as well as significant social disturbances”.
“Some players have developed problems such as not eating, not showering and not socializing anymore,” it said.
A two-pronged class action lawsuit
Fortnite is a cooperative shooter and survival game available as a free download on all platforms, allowing up to 100 players to battle online in a gradually shrinking arena. It is estimated that at any given time on the planet between 3 and 4 million players gather there. In 2021, the game grossed its developer $5.8 billion.
The class action is authorized on behalf of any individual living in Quebec who has developed an addiction to Fortnite since September 1, 2017.
At the moment, the number of applicants is difficult to estimate, emphasizes Me Caron.
This is in addition to any minors who have purchased the game’s virtual currency, the V-Bucks. The three parents and their attorneys are seeking compensatory and punitive damages, which must be determined, and reimbursement of all purchases made by underage players who received V-Bucks.
Last December, Epic Games also pledged to pay $520 million as part of a settlement with the Federal Trade Commission, which accused it of failing to adequately protect underage Fortnite players, the report said.
With information from Karim Benessaieh, La Presse