Parents have filed a proposed class-action lawsuit against Fortnite maker Epic Games for allegedly creating “the illusion of scarcity” and “FOMO” with its store items.
As reported by Polygon, two parents have filed a claim with a San Francisco court on behalf of their children, citing “deceptive practices employed on a massive scale in one of the world’s most popular video games [Fortnite]”.
“Some items, such as the ultra-rare Renegade Raider outfit, were offered briefly and have not been offered in more than six years,” lawyers wrote. “Others disappear only to reappear weeks later. These offerings and their schedules are subjects of intense interest to Fortnite players.”
Taking issue with how the Fortnite Store rotates items on its digital storefront, the complaint reads:
“But, when their countdown timers expired, Fortnite’s Item Shop products did not disappear or return to full price. They remained available for purchase, often at the same purportedly discounted rate, for many days or even weeks at a time. This was an unlawful scheme.
“Fake sales with made-up expiration times are deceptive and illegal under state statutes proscribing unfair and deceptive trade practices, which prohibit misleading advertisements concerning the reasons for or existence of price reductions and representing that items have characteristics or qualities they do not have. Numerous courts have found that fake countdown timers like Epic’s run afoul of these and similar prohibitions.”
This is likely referring to a similar lawsuit in the Netherlands. Epic Games is currently appealing a €1.1m (£968k) fine levied by the Dutch consumer regulator, which similarly accused the company of “unfair commercial practices aimed at children”. At the time of writing, that decision is still pending.
In a statement to press, Epic Games said: “This complaint contains 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 cancellations, 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.”
Earlier this week we reported that Epic Games is suing a player accused of stealing and selling countless user accounts, and profiting further by flogging details of his tactics to other wannabe thieves.