On December 7, 2022, the Court authorized the class action against Epic Games Canada ULC, Epic Games Inc. et Epic Games International S.À.R.L.
In this class action, it is alleged that Fortnite causes adverse health effects, that is, the risk of addiction. It is also alleged that in-game purchases made by minors in Fortnite using VBucks constitute lesion.
Criteria to respect
Class 1
- You personally AND/OR you as the legal representative and/or guardian of a person;
- You are or were domiciled in Québec;
- You play or have played Fortnite: Battle Royale;
- Since September 1, 2017, you have developed an addiction to Fortnite, that is, impaired control over gaming and/or a prioritization thereof, having had harmful repercussions on any of the following spheres of activity :
– personal activities;
– family activities;
– social activities;
– educational activities;
– professional activities;
– other important areas of functioning.
Class 2
- You personally AND/OR you as the legal representative and/or legal tutor of a person;
- You are or were domiciled in Québec;
- You, or the minor for whom you are the legal representative and/or legal tutor, made in-game purchases in Fortnite using V-Bucks;
- The in-game purchases in Fortnite using V-Bucks were made when you were a minor (i.e., under 18 years of age) or were made by the minor of whom you are the legal representative and/or legal tutor while they were under 18 years of age.
The authorization judgment does not in any way determine the liability of the defendants. The allegations in the class action have not been proven. The defendants deny liability and will assert their defences at trial.
What do I need to do to be part of this class action?
You are automatically included in the class action if you are a member of one of the classes described above. You therefore have nothing to do for the moment if you wish to be represented by the plaintiffs and their lawyers in this class action.
Are there any fees for the class members of the class action?
No. The lawyers will be paid from the amounts that may be recovered in the class action, if any. The Court will determine the reasonableness of the plaintiffs’ lawyers’ fees, which may not exceed 30% of the amounts recovered by judgment or out-of-court settlement. In addition, if you are not an intervener in this proceeding, you cannot be held liable for any legal costs regarding this class action.
What can you do if you wish to exclude yourself from this class action?
You can exclude yourself from this class action by sending a notice to the Clerk of the Superior Court of Québec, District of Montréal, by registered or certified mail within 60 days of the publication of this notice. The deadline for doing so is November 12, 2025.
If you choose to exclude yourself:
• You keep your right to sue the defendants personally;
• You will not be bound by the judgments or settlements to be rendered in the context of this class action;
• You will not receive compensation if the Court orders damages in the class action or if a settlement is reached with the defendants.
The notice to exclude yourself must be sent to the following addresses:
Clerk of the Superior Court of Québec
(File : 500-06-001024-195)
Montreal Courthouse
1, Notre-Dame Street E, Office 1.120
Montreal (Québec) H2Y 1B6.
ET
CaLex Légal Inc.
1625, Sainte-Catherine Street W., Office 300
Montreal (Québec) H3H 1L8
Courriel: jpc@calex.legal
What is the next step?
The Court will hear the case on the merits. A settlement or judgment could be reached in favour of the classes.
For more details, consult the notice available on this page.