A class action against Fortnite
A Montreal firm is attacking designers of the most popular video game on the planet. Why?
Calex Legal is seeking the authorization of a class action against the American developer Epic Games, behind the popular Fortnite video game: Battle Royale.
The lawyer Jean-Philippe Caron, responsible for the file, believes that the game was "knowingly" designed to create dependency among its users, and that the publisher fails to indicate the "risks and dangers" to which the players submit.
This is the first time that Epic Games has been the target of collective action around the world.
"There is a logical explanation for that. There is a clause in the terms and conditions (of the game) which limits the right to exercise a class action and which is valid in several jurisdictions, but not in Quebec, "explained Mr. Caron to La Presse.
According to him, these judicial procedures would make it possible to "advance society", "protect vulnerable persons" and "bring them knowledge".
The faults committed by Epic Games would be numerous under the Civil Code of Quebec, the Consumer Protection Act and the Charter of Human Rights and Freedoms, depending on the class action.
The application in the Superior Court is based on the story of two children who developed an addiction to Fortnite, the first, aged 10, has played 1891 parties since last December, while the second, who is now 15 years old , participated in 7781 games in less than two years. Young people have developed situations of confrontation with their parents and have engulfed their savings in products derived from gambling.
Mr. Caron also claims reimbursement of all amounts paid to Epic for the purchase of accessories to play Fortnite, under the Consumer Protection Act which prohibits advertising intended for children under 13 years.
"It's still quite special that a free game is the biggest commercial success in the history of video games! "