Summary

WhileEpic GamesandFortnitehave had no qualmsabout going after cheatersandfraudsters in the past, it appears that the tables have been turned. Specifically, a group of parents is proposing a class action lawsuit against the company, alleging that there are “deceptive practices employed on a massive scale.”

The suit, which wasfirst reported on by Polygon, andcan be found here, was filed in a San Francisco, Calif., court on Wednesday. In it, the parties allege that the in-game item shop that offers skins and other purchaseable goodies is centered around “the illusion of scarcity, which caused minors to purchase items they would not have otherwise.”

A Similar Lawsuit Was Filed Before

As Polygon noted,a similar suit did occur in the Netherlands, with the Netherlands Authority for Consumers and Markets ultimately fining Epic Games a reported €1,125,000 over “misleading countdown timers.”

In this current suit, the parties allege that, in some instances, items in the shop with a countdown timer did not disappear or return to full price, instead remaining available. At the same time, some items, namely the Renegade Raider skin, actually do go away, only to never return.

In a statement to Polygon, Epic Games claims that the filed complaint has “factual errors and does not reflect how Fortnite operates.”

Last year we removed the countdown timer in the Item Shop, and we offer protections against unwanted purchases. This includes a hold-to-purchase mechanic, instant purchase cancelations, self-service returns for shop purchases and an explicit yes/no choice to save payment information.

When a player creates an Epic account and indicates they are under 13, they are unable to make real money purchases until a parent provides consent. Once they do, we offer industry-leading parental controls, including PIN protecting purchases.

We will fight these claims.

Citing multiple state laws, a judge will ultimately have to decide whether there is enough to proceed forward. If it does move forward, then there is potentially a chance for more parties to become involved.