Loot Box Lawsuit: Fortnite | Video Game Compliance Law

Another Loot Box Lawsuit: Fortnite

Gaming Law: Loot Box lawsuits FortniteFortnite fought its way into more headlines. This time around, a parent is suing the developer, Epic Games, over the “loot llamas” in Fortnite: Save the World. The father claims it “exploits children.”

Fornite’s Latest Loot Box Lawsuit

Fortnite is no stranger to lawsuits. Last year, an assortment of celebrities sued over some in-game intellectual property. This time around a father is suing on behalf of his son, arguing that Fortnite takes advantage of players by failing to disclose winning odds on loot boxes clearly. Explicitly, the lawsuit states that the game “entices minors and others into purchasing loot boxes, known as llama, using unfair and deceptive marketing.” The practice, the filing avers, violates several laws: the Consumer Legal Remedies Act, in addition to California’s false advertising, unfair competition, and unjust enrichment laws.

From the filing:

“Players are encouraged to keep purchasing llamas with the reasonable belief that repeated purchase will lead to the chance of receiving better loot and therefore improvement in performance of the game,” continues the document. “Through both express misrepresentations and omissions, Epic markets llamas as highly likely to contain valuable loot that will increase a player’s power and prowess in the Fortnite game. But in reality, llamas do not contain the loot expected by the reasonable consumer.”

It will be interesting to see how far this loot box lawsuit gets, especially since Fortnite’s 2019 version fixes the odds disclosure problem. The case could land with a thud, or it could spark a massive gaming law class action.

Connect With A Gaming Law Attorney

Are you a developer in need of a compliance consultation? Is your company being sued or investigated over improper loot box application? Either way, our gaming law team can help. We work with individuals and businesses in the esports and gaming industries on everything from contract negotiations to litigation representation.

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