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.

Just Posted

(Advocate file photo)
Red Deer down to 102 active COVID-19 cases

Central zone has 332 cases with 26 in hospital and five in ICU

Storm clouds gathered in Mulhurst, Alta., just before noon June 15, 2021. Photo/ Dan Moster.
Areas of County of Wetaskiwin remain under severe thunderstorm watch

Environment Canada has issued a severe thunderstorm watch for areas of the County.

Maskwacis Pride crosswalk (Left to right): Montana First Nation Councillor Reggie Rabbit, Samson Cree Nation Councillor Louise Omeasoo, Samson Cree Nation Councillor Katherine Swampy, Samson Cree Nation Councillor Shannon Buffalo, Samson Cree Nation Chief Vern Saddleback.
Pride in Maskwacis

The 4th inaugural Maskwacis Pride crosswalk painting took place on Saturday June 12th, 2021

The Government of Alberta identified 115 new COVID-19 cases Sunday, bringing the provincial total to 3,089.
(Black Press file photo)
Red Deer COVID cases continue to fall

114 cases in Red Deer, down one from Saturday

Manluk Centre/ Impress
Manluk Centre re-opens to the public

Drop in and registered programs will be available; one-third facility capacity to be followed.

People watch a car burn during a riot following game 7 of the NHL Stanley Cup final in downtown Vancouver, B.C., in this June 15, 2011 photo. THE CANADIAN PRESS/Geoff Howe
10 years ago: Where were you during the 2011 Vancouver Stanley Cup Riots?

Smashed-in storefronts, looting, garbage can fires and overturned cars some of the damage remembered today

(Black Press Media file)
Dirty money: Canadian currency the most germ-filled in the world, survey suggests

Canadian plastic currency was found to contain 209 bacterial cultures

A worker, at left, tends to a customer at a cosmetics shop amid the COVID-19 pandemic Thursday, May 20, 2021, in Los Angeles. (AP Photo/Marcio Jose Sanchez)
Half of cosmetics sold in Canada, U.S. contain toxic chemicals: study

Researchers found that 56% of foundations and eye products contain high levels of fluorine

Annamie Paul, leader of the Green Party of Canada, speaks at a news conference on Parliament Hill in Ottawa, on June 10, 2021. THE CANADIAN PRESS/Justin Tang
Green Leader Annamie Paul facing no-confidence motion from party brass

move follows months of internal strife and the defection of MP Jenica Atwin to the Liberals

Tulips bloom in front of the Supreme Court of Canada in Ottawa, Thursday, May 10, 2018. Day two of a full week of scheduled hearings will be heard in Federal Court today on a case involving Indigenous children unnecessarily taken into foster care by what all parties call Canada’s “broken child welfare system.” THE CANADIAN PRESS/Sean Kilpatrick
AFN slams Ottawa for ‘heartless’ legal challenge of First Nations child compensation

2019 decision awarded $40,000 to each Indigenous child removed before 2006

A health-care worker holds up a sign signalling she needs more COVID-19 vaccines at the ‘hockey hub’ mass vaccination facility at the CAA Centre during the COVID-19 pandemic in Brampton, Ont., on Friday, June 4, 2021. This NHL-sized hockey rink is one of CanadaÕs largest vaccination centres. THE CANADIAN PRESS/Nathan Denette
‘Vaxxed to the max’: Feds launch Ask an Expert campaign to encourage COVID shots

Survey shows that confidence in vaccines has risen this spring

Children’s shoes and flowers are shown after being placed outside the Ontario legislature in Toronto on Monday, May 31, 2021. THE CANADIAN PRESS/Frank Gunn
Ontario commits $10 million to investigate burial sites at residential schools

Truth and Reconciliation Commission identified 12 locations of unmarked burial sites in Ontario

Two hundred and fifteen lights are placed on the lawn outside the Residential School in Kamloops, B.C., Saturday, June, 13, 2021. The remains of 215 children were discovered buried near the former Kamloops Indian Residential School earlier this month. THE CANADIAN PRESS/Jonathan Hayward
Days after Kamloops remains discovery, Tk’emlups families gather to unite, move ahead

‘We have to work together because this is going to be setting a precedent for the rest of the country’

In this Saturday, May 29, 2021, file photo, people crowd the Santa Monica Pier in Santa Monica, Calif. California, the first state in America to put in place a coronavirus lockdown, is now turning a page on the pandemic. Most of California’s coronavirus restrictions will disappear Tuesday, June 15, 2021. (AP Photo/Damian Dovarganes, File)
With COVID tamed, it’s a ‘grand reopening’ in California

No more state rules on social distancing, no more limits on capacity, no more mandatory masks

Most Read