Fortnite Addiction Class Action Approved By Quebec Superior Court

• Published date: 25 January 2023
• Subject Matter: Litigation, Mediation & Arbitration, Arbitration & Dispute Resolution, Class Actions
• Law Firm: Fasken
• Author: Mr Nicolas-Karl Perrault, Noah Boudreau and Michael Shortt

In F.N. v. Epic Games Canada, the Superior Court of Quebec authorized a class action against the companies who were responsible for the development and marketing of the video game Fortnite (the 'Defendants'). The class action was authorized on behalf of:

a) all individuals in Quebec who, since September 1, 2017, have developed an addiction, namely a loss of control over or prioritization of gambling, which has had harmful effects on their personal, family, social, educational, professional or other important areas of their lives ('Group 1'); and

b) all individuals in Quebec who made in-game purchases using Fortnite's V-BUCKS virtual currency while they were minors ('Group 2').

Liability for the marketing of a potentially addictive product is a matter that has been previously litigated, particularly in the context of class actions against cigarette manufacturers ¹ and owners of video lottery terminals. ² However, this is the first class action in Canada, and one of the first in the world, to be allowed against a video game developer on this basis.

Moreover, this case could be the first time a Quebec court rules on the validity of purchase of virtual items (so-called 'microtransactions') by minors without parental consent.

The class action against Epic Games invokes different legal arguments than other class actions against video game developers in Canada, such as the proposed class action instituted in by Gabriel Bourgeois against several corporate defendants. In these other class actions, the plaintiffs allege that the sale of virtual items through a so-called 'lootbox' is prohibited gambling by the Criminal Code.

Alleged Facts

The plaintiffs' central premise that Defendants would have designed an 'addictive' game is based on the definition of 'video game disorder', that was recognized by the World Health Organization in 2018.

According to the plaintiffs, Fortnite was deliberately designed to be a highly addictive game. In support of their allegations, the plaintiffs cite a number of newspaper articles covering video game addiction issues, some of which refer to Fortnite.

As for Group 2 members, the plaintiffs allege that the transactions carried out by minors for the purchase of virtual items (skins, weapons, armour, etc.) occurred without the authorization of their parents or guardians. In their view, these microtransactions should be cancelled as they allege that there is a significant discrepancy between the amounts paid by the members and the value...