Quebec parents seek class action against makers of ‘addictive’ Fortnite game

Quebec Superior Court hasn’t approved the action

Quebec parents seek class action against makers of ‘addictive’ Fortnite game

Two Quebec parents are seeking the right to launch a class-action lawsuit against the makers of the popular video game Fortnite, alleging it was purposely made highly addictive and has had a lasting impact on their children.

Montreal-based Calex Legal is seeking to sue Epic Games Inc., the U.S. company behind the popular online multiplayer game, as well as its Canadian affiliate based in British Columbia.

The firm filed a request Thursday on behalf of two parents who approached them separately alleging their sons, aged 10 and 15, have become dependent on the game in short order.

Their case likens the addiction to a drug addiction, noting that the World Health Organization made a decision last year to declare video game addiction, or “gaming disorder,” a disease.

Class-action lawyers behind the case drew parallels to a landmark civil suit mounted against the tobacco industry in Quebec that alleged there was an intention to create something addictive without proper warning.

The boys “had all the symptoms of severe dependence — addiction — (and) it caused severe stress in the families as well,” lawyer Alessandra Esposito Chartrand said of the firm’s clients. “It’s the same legal basis (as the tobacco challenges) — the duty to inform about a dangerous product and responsibility of the manufacturer.”

WATCH: B.C. Fortnite gamer donates $164,000 in winnings to SPCA

Quebec Superior Court hasn’t approved the action and the allegations have not been tested in court.

A spokesperson for Epic Games was not immediately available for comment.

The filing alleges the game — which had some 250 million players worldwide as of March 2019, according to the manufacturer — was designed specifically to addict users.

“The addiction to the game Fortnite has real consequences on the lives of players, many of whom have developed problems such that they do not eat, do not shower, and no longer socialize,” the filing states.

“Moreover, rehabilitation centres specifically dedicated to addiction to Fortnite have opened all over the world, particularly in Quebec and Canada, to treat people for addiction.”

Of the two parents — identified in the documents only by initials — the parent of the 10-year-old said the boy started playing Fortnite last year and had accumulated more than 1,800 games since December 2018.

“He has been playing Fortnite on an almost daily basis for several months, and he becomes very frustrated and angry when his parents try to limit his playing time,” the filing reads.

The document claims the 15-year-old has played more than 7,700 times since learning about the game in October 2017, and he plays, at minimum, three hours a day.

The older boy ”quickly developed an addiction to Fortnite, playing almost daily (for two years),” the filing states.

Esposito-Chartrand said while the fine print in the company’s terms of service includes a class-action waiver that obliges users to go the route of arbitration to deal with legal problems, such a waiver is illegal in Quebec.

The province’s strict consumer protection laws would also oblige the company to respond to the claim should it be certified.

Any potential compensation would be determined by the court.

The proposed suit covers players residing in Quebec who’ve become addicted since 2017.

The law firm said it’s unclear how widespread the problem is.

Jean-Philippe Caron, the other lawyer handling the case, says several other parents have come forward since the filing has become public.

He said there was no way for the parents to know what their kids were getting into.

“If they would have known exactly the extent of which this game was problematic, they would have taken a different decision,” Caron said of his clients.

“If you haven’t gone through addiction yourself, it’s easy to criticize others. But when you’re in an addiction — there’s a reason there are so many rehabilitation centres.”

Sidhartha Banerjee, The Canadian Press

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Sylvan Lake RCMP are looking for the identity of the suspect who stole from over 40 resident mail boxes. (Photo Courtesy of Sylvan Lake RCMP)
Over 40 mailboxes broken into at Sylvan Lake apartment building

Sylvan Lake RCMP are investigating the incident and searching for the identity of the suspect

File photo by Red Deer Advocate
Town Of Sylvan Lake temporarily lays-off 30 staff members

Thirty part-time staff members at the NexSource Centre have been laid off until January

Alberta’s chief medical officer of health, Dr. Deena Hinshaw, confirmed eight additional virus-deaths Monday afternoon including one in central zone. (Photo by Chris Schwarz/Government of Alberta)
Central zone up to 1,249 active COVID-19 cases

Red Deer sits at 257 active COVID-19 cases

Agriculture Minister Devin Dreeshen (Alberta government photo)
Innisfail-Sylvan Lake to receive $5,000,000 in Municipal Operating Support Transfer funding

MLA Devin Dreeshen breaks down the funding communities will receive from MOST

A logo for Netflix on a remote control is seen in Portland, Ore.,Aug. 13, 2020. Experts in taxation and media say a plan announced Monday by the government will ultimately add to the cost of digital services and goods sold by foreign companies. THE CANADIAN PRESS/AP-Jenny Kane
‘Netflix tax’ for digital media likely to raise prices for consumers, experts say

The government says Canadian companies already collect those taxes when they make digital sales

Gaming content was big on YouTube in 2020. (Black Press Media files)
What did Canadians watch on Youtube during isolation? Workouts, bird feeders

Whether it was getting fit or ‘speaking moistly,’ Canadians had time to spare this year

A teacher places the finishing touches on the welcome sign at Hunter’s Glen Junior Public School which is part of the Toronto District School Board (TDSB) during the COVID-19 pandemic in Scarborough, Ont., on Sept. 14, 2020. THE CANADIAN PRESS/Nathan Denette
Hindsight 2020: How do you preserve a year many Canadians would rather forget?

Figuring out how to preserve the story of the pandemic poses a series of challenges

Team Manitoba celebrate after defeating Team Ontario to win the Scotties Tournament of Hearts in Moose Jaw, Sask., Sunday, Feb. 23, 2020. Curling Canada wants Calgary’s Canada Olympic Park to be a curling hub for the season’s top events. THE CANADIAN PRESS/Jonathan Hayward
Calgary facility set to become curling hub during pandemic

Curling Canada has provisional approval for Calgary’s hub-city concept from Alberta Health

Ash and Lisa Van carry a freshly cut Christmas tree while wearing personal protective masks at a Christmas Tree Farm in Egbert, Ontario, Sunday, Nov. 29, 2020 THE CANADIAN PRESS/ Cole Burston
‘Everyone wants a tree and they want it now’: Christmas tree sales on pace for record

Anticipated demand for Christmas trees has sparked a rush by some to purchase more trees wholesale

A scene from last year’s Light the Night fundraiser at the Stettler Town and Country Museum. This year’s rendition is on a drive-through basis only, but it still promises to be a not-to-be-missed seasonal highlight. (Independent file photo)
Stettler Town and Country Museum hosts ‘Light the Night’

This year’s rendition is drive-through only, but will still prove to be a dazzling display

(Black Press File Photo)
Rimbey woman gathering Christmas gifts for seniors at Valleyview Manor

Margaret Tanasiuk says she doesn’t want anyone to feel forgotten on Christmas morning

Most Read