Epic Games released Fortnite in 2017 and it quickly became its own pop-culture movement. The game is responsible for the most viewed Twitch stream of all time, though the streamer who set this record almost left the game due to its young player base.
It is this young target audience that led to a 2019 lawsuit against Epic Games over roulette-style loot boxes in both Fortnite and Rocket League. The source of these complaints was the frequently marketed piñata Llamas, which have become synonymous with the Fortnite image. The suit also extends to Rocket League's loot crates. The class-action lawsuit claimed that Epic Games exploited minors by misrepresenting the likelihood of receiving rare items. The plaintiff claimed Epic Games purposefully did this in order to “lure minors” into repeated purchases in the belief they would receive powerful items. The lawsuit draws comparisons to gambling, which has been the source of several suits in recent video game history.
Epic Games has not been found guilty but has reached a potential settlement with a judge. This settlement will see the company fork out $26.5 million in USD and “other benefits” to those affected. The settlement applies to any user who made a purchase within Fortnite or Rocket League from 2015 to the day of settlement. Those who take no action on the settlement and are eligible will receive 1,000 free V-Bucks, which is equivalent to $10 USD.
The receipt of this in-game currency means forfeiting the right to later sue Epic Games regarding this case. The current description of the settlement implies that those who purchased several crates or llamas will not receive additional V-Bucks. Only some who meet specific criteria will receive real-world compensation. The full settlement agreement is currently unavailable online.
This is not the first Fortnite lawsuit. Epic Games was sued back in 2018 by creators of PlayerUnknown's Battlegrounds, the PUBG Corporation. PUBG initially claimed that Fortnite was infringing on its copyright of the battle royal genre, though it later withdrew its suit. There have also been several dismissed suits over dances featured in the game. One of these claims was filed by the actor who played “Carlton” on Fresh Prince of Bel-Air for the use of his dance on the show.
It is unlikely that those involved in this suit will be happy with a settlement of 1,000 V-Bucks. Considering Epic Games recorded a net worth of $17.3 billion in 2020, $26.5 million USD is a drop in the ocean to the company. This is especially true since it's unknown how much of this settlement amount is in Epic Games’ own invented currency. Loot llamas can cost anywhere from 50 to 1,500 V-Bucks. The price of the Smörgåsbord Llama, for example, exceeds the compensation the settlement provides.
Still, fans who were not following the suit and made a purchase of one upgrade llama are sure to be thrilled to receive an extra 950 V-Bucks. However, it is hard to see these 1000 V-Bucks as fair compensation when it's remembered that the company sold plush loot llamas to children to market its “gambling” mechanic.
Fortnite is available now on Android, iOS, PC, PS4, PS5, Switch, Xbox One, and Xbox Series X/S.
Source: Epic Games Settlement