Epic Games is facing a class-action lawsuit from a Canadian legal firm that claims the developer “knowingly” created a highly addictive game in Fortnite.
The legal notice was filed on the behalf of two minors’ parents aged 10 and 15. Their claim is that their children are acting as if they were on highly addictive drugs such as cocaine, arguing the chemical dopamine drops to the brain are damaging and could lead to dependency on it.
Alessandra Esposito Chartrand, an attorney with Calex Legal, said the firm had looked into it and “realised there was a strong case for it” after parents had contacted her firm. She has since started building a case with more parents who are concerned about the game and has filed a an authorisation request in Montreal against Epic Games and its Canadian subsidiary.
Speaking to CBC, Chatrand has said the case is based on the 2015 Quebec Superior Court ruling which punished tobacco companies for not giving enough warning to its customers about the risks and dangers of smoking.
“It’s basically the same legal basis,” Chartrand said. “It’s very centred on the duty to inform.”
Chartrand also believes Epic Games had deliberately researched and developed the game to make it more and more addictive, even claiming the developer hired in psychologists to maximise the game’s appeal.
“They knowingly put on the market a very, very addictive game which was also geared toward youth.”
Chartrand hasn’t disclosed the amount her firm would seek in damages.
The free-to-play Fortnite, available on all platforms, does state in its terms and conditions that users that have downloaded the game must accept that they waiver their right to court or class-action. Disputes must be resolved through an independent arbitration procedure. Chartrand said that the terms and conditions are negligible in this case as the developer failed to adhere to the Consumer Protection Act where companies are expected to clearly disclose any risks.
