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`Peter R Afrasiabi (SBN 193336)
`pafrasiabi@onellp.com
`ONE LLP
`4000 MacArthur Blvd.
`East Tower, Suite 500
`Newport Beach, CA 92660
`Telephone: (949) 502-2870
`Facsimile: (949) 258-5081
`John E. Lord (SBN 216111)
`jlord@onellp.com
`ONE LLP
`9301 Wilshire Blvd.
`Penthouse Suite
`Beverly Hills, CA 90210
`Telephone: (310) 866-5157
`Facsimile: (310) 943-2085
`Maximillian N. Amster (PHV to be applied for)
`max@bayadvocacy.com
`Samuel J. Salario, Jr. (PHV to be applied for)
`sam@bayadvocacy.com
`BAY ADVOCACY PLLC
`1700 South Mac Dill Avenue
`Tampa, FL 33629
`Telephone: (813) 251-6262
`
`Attorneys for Plaintiffs,
`K.W., a minor through K.W.’s guardian, Jillian Williams,
`and Jillian Williams, individually, on behalf of themselves
`and all others similarly situated
`
`
`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORINIA
`
` Case No. 3:21-cv-00976
`K.W., a minor and through K.W.’s guardian,
`Jillian Williams; and JILLIAN WILLIAMS,
`
`individually, on behalf of themselves and all
`COMPLAINT FOR DECLARATORY
`others similarly situated,
`JUDGMENT AND INJUNCTIVE AND
`MONETARY RELIEF
`
`Plaintiffs,
`
`CLASS ACTION
`vs.
`
`
`DEMAND FOR JURY TRIAL
`EPIC GAMES, INC., a Maryland corporation,
`
`Defendant.
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`Case No. 3:21-cv-00976
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`Case 3:21-cv-00976 Document 1 Filed 02/08/21 Page 2 of 23
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`Plaintiffs K.W., a minor, by and through K.W.’s guardian Jillian Williams, and Plaintiff
`Jillian Williams individually (collectively, “Plaintiffs”), file this Complaint against Defendant Epic
`Games, Inc. (“Defendant” or “Epic Games”) for declaratory, injunctive, and monetary relief on
`behalf of themselves and a class of individuals similarly situated. Plaintiffs allege, on personal
`knowledge as to their own actions and upon information, belief, and investigation of counsel as to
`other matters, as follows.
`
`NATURE OF THE ACTION
`
`Epic Games has built a multi-billion-dollar online video game business that
`1.
`substantially depends upon contracts with minors. Its flagship game Fortnite has permeated the
`lives and culture of American children. Through Fortnite, Epic Games has entered into millions of
`contracts with minors under which minors pay real-world money to by video-game currency, virtual
`items, and game content.
`
`2.
`Epic Games misleads and manipulates minors into handing over ever-increasing
`amounts of real money for virtual things. Epic Games makes it all but impossible for minors to
`determine the real cost of the virtual items they buy, fails to provide them with information about
`their purchasing history, pressures them to buy more and more virtual things, and cuts their parents
`out of their purchasing decisions. At the end, Epic Games misleads them about their right to undo
`their contracts and obtain a refund.
`
`3.
`The law generally holds that those who contract with minors do so at their own peril.
`Many of the contracts Epic Games has made with minors are subject to disaffirmance and, as a result,
`are voidable at the minor’s election. Still other such contracts were void at their inception. This
`lawsuit seeks, on a class action basis, to vindicate the rights of minors and their parents and to obtain
`(1) declaratory judgments that the contracts are voidable or void, as appropriate; (2) injunctions
`prohibiting Epic Games’ manipulative and misleading conduct toward minors; and (3) monetary
`relief in the form of refunds or compensatory damages.
`PARTIES
`Plaintiff K.W. is a natural person and resident of the state of California. K.W. is a
`4.
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`minor. K.W. brings this action by and through a parent and guardian, Jillian Williams.
`Case No. 3:21-cv-00976
`1
`COMPLAINT
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`Plaintiff Jillian Williams (“Williams”) is a natural person and resident of the State of
`5.
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`California. Williams is K.W.’s mother. She brings this suit both as guardian of K.W. and on her
`own behalf.
`Defendant Epic Games is a Maryland corporation that has its principal place of
`
`6.
`business in Cary, North Carolina. Epic Games maintains offices in Larkspur, California and San
`Francisco, California, both located in the Northern District of California. Epic Games conducts
`substantial business related to Fortnite in this District. Epic Games’ Chief Technology Officer is
`located in the Northern District of California. The Creative Cinematic Director focused on Fortnite
`is located in the Northern District of California. Epic Games employs in-house counsel in this
`District. Epic Games posts employment openings in this District related in whole or in part to
`Fortnite—engineers, programmers, and other positions—on its website. Epic Games has filed at
`least seven lawsuits in this District in the last five years. At least three of those lawsuits involved
`Fortnite, and at least two of those implicated contracts to which Epic Games was a party and in
`which Epic Games agreed that any lawsuit was required to be brought in this District.1
`JURISDICTION AND VENUE
`This Court has jurisdiction over the subject matter of this action under 28 U.S.C. §
`7.
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`1332(d)(2)(A) because this is a proposed class action in which the matter in controversy exceeds $5
`million exclusive of interest and costs and at least one member of the class of plaintiffs is a citizen
`of a State different from Epic Games.
`
`8.
`This Court has personal jurisdiction over Epic Games because its continuous
`corporate operations within California are so substantial and of such a nature as to justify suit against
`it on any cause of action in this State. Further, Epic Games has sufficient minimum contacts with
`the State of California and this suit arises out of or relates to those contacts. Epic Games has
`purposely availed itself of the benefits and protections of California law such that the exercise of
`jurisdiction over Epic Games would comport with due process requirements.
`
`1 Epic Games, Inc. v. Google LLC, Case No. 5:20-cv-05671-NC (N.D. Cal.) (Compl., Dkt.
`1, ¶ 13) (agreement providing that the exclusive venue for suit is state or federal court in Santa Clara
`County); Epic Games v. Apple Inc., 3:20-cv-05640-EMC (N.D. Cal.) (Compl., Dkt. 1, ¶ 32)
`(agreement providing that any litigation would take place in the Northern District of California).
`Case No. 3:21-cv-00976
`2
`COMPLAINT
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`Case 3:21-cv-00976 Document 1 Filed 02/08/21 Page 4 of 23
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`Venue is proper in this District under 28 U.S.C. § 1391(b)(1) because Epic Games
`9.
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`resides in this District, and there are no other defendants in this action. Epic Games is subject to
`personal jurisdiction in the State of California, and its contacts with this District would be sufficient
`to subject it to personal jurisdiction here were this District a separate State. Additionally, venue is
`proper in this District under 28 U.S.C. § 1391(b)(2) because a substantial part of the events or
`omissions giving rise to the claim occurred in this District.
`STATEMENT OF FACTS
`
`Overview of Fortnite.
`A.
`10.
`Fortnite is an online video game developed by and provided to players through Epic
`
`Games. It was officially released in July 2017. Fortnite can be played on multiple platforms,
`including a personal computer, Sony PlayStation 4, Sony PlayStation 5, Xbox One, Xbox Series
`X/S, Nintendo Switch, and Android.
`11.
`As relevant here, Fortnite can be played in one of two modes: Battle Royale or Save
`the World. Battle Royale is a player-versus-player game in which up to one hundred players airdrop
`into an imaginary territory where they get weapons and other in-game items to attack and eliminate
`other players. The last player—or duo or squad of players—alive at the end is the winner. Save the
`World is a player-versus-environment game set after a fluke storm causes the world’s population to
`disappear, with the survivors being attacked by zombie-like “husks”. The players collect in-game
`items, save survivors, and perform various missions.
`
`12.
`Fortnite Battle Royale is a free-to-play or “freemium” game in which the game itself
`does not cost the player anything. Fortnite Save the World is a pay-to-play game. Epic makes most
`of its money from the sale of in-game content that players purchase electronically while in the game
`environment. That content includes items that are used or enjoyed during game play, such as “skins”
`(uniforms), “gliders” (parachutes), “emotes” (dance moves), materials, ammunition, and other things
`for use during game play. It also includes additional game content or play modes—for example, the
`"Battle Pass” in Battle Royale, which offers 100 tiers of in-game extras (skins, emotes, V-bucks,
`etc.) over the course of a game season.
`
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`3
`COMPLAINT
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`Case No. 3:21-cv-00976
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`Players make in-game purchases of items and game content using what Epic Games
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`represents to its players is a “virtual currency” called V-Bucks. A player acquires V-Bucks by
`paying for them in-game using real-world currency by, for example, paying for V-Bucks in U.S.
`dollars using a debit card, a credit card, or a gift card. V-Bucks are used to buy items and game
`content, which are offered for sale for a price stated in V-Bucks.
`
`14.
`Regardless of the platform used or the game mode played, the experience of all
`Fortnite players with respect to in-game purchases is the same in all material respects. Real-world
`money is used to purchase V-Bucks and V-Bucks are used to purchase in-game items and game
`content priced in V-Bucks, which are offered for sale and advertised in the same way.
`
`15.
`This model has been spectacularly profitable for Epic Games. In August 2020, Epic
`Games announced that Fortnite had over 350 million registered players who, collectively, had spent
`3.2 billion hours in the game.2 It is estimated that Epic Games earned $2.4 billion in revenue from
`Fortnite in 2018 and $1.8 billion in revenue from Fortnite in 2019.3 It is estimated that V-Bucks
`purchases represent 83% of all spending in Fortnite.4
`B. Fortnite Targets Minors.
`
`16.
`Fortnite has a huge number of players who are children. Although Epic does not
`report the number of Fortnite players who are children, a 2018 analysis comparing players of
`Fortnite Battle Royale to players of a competitor game reported that 53% of players who played
`Fortnite exclusively were between 10 and 25 years old.5 Another 2018 survey reports that 61% of
`teenagers have played Fortnite.6 Of the six top Fortnite players in the world, five—including the
`first-place player—were minors as of August 2020, and four remain minors today. It is fair to
`
`2 See https://twitter.com/FortniteGame/status/1258079550321446912 (May 6, 2020) (last
`accessed Feb. 4, 2021).
`3 See Iqbal, Mansoor, Fortnite Usage and Revenue Statistics (2020), Business of Apps (Jan.
`26, 2021), available at https://www.businessofapps.com/data/fortnite-statistics/#3 (last accessed
`Feb. 6, 2021).
`4 Id.
`5 Meehan, Orla, A Profile of the Battle Royale Player and How They Compare to Other
`Gamers, Newzoo (May 22, 2018), available at https://newzoo.com/insights/articles/a-profile-of-the-
`battle-royale-player-and-how-they-compare-to-other-gamers/ (last accessed Feb. 4, 2021).
`6
`Common
`Sense Media,
`Fortnite
`Frenzy
`(2018),
`available
`at
`https://www.commonsensemedia.org/sites/default/files/uploads/landing_pages/fortnite_frenzy_inf
`ographic_release.pdf (last accessed Feb. 6, 2021).
`Case No. 3:21-cv-00976
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`COMPLAINT
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`estimate from these data that there are millions of players who are, or were at some point since
`Fortnite was released, under the age of 18. One reason why is that the game functions as a social
`space where children go to interact virtually with their minor friends.
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`17.
`Fortnite is designed to draw minors into the game and keep them there. Indeed,
`substantial public accounts document aspects of the game that draw minors in and subsequent
`conduct by minors indicative of addiction to playing the game.7
`
`18.
`Epic Games knows that a large number of Fortnite players are minors and that minors
`are particularly susceptible to becoming hooked on the game. Epic Games has designed Fortnite to
`encourage continuous play and, thereby, to encourage minors to continuously make in-game
`purchases.
`C. Fortnite Manipulates and Misleads Players, Especially Minors, Regarding V-Buck
`Purchases.
`
`19.
`Players can earn V-Bucks while playing the game or purchase them with real money.
`Earning V-Bucks through game play is unreasonably difficult because of the amount of playtime
`required and because of the randomness with which V-Bucks are awarded. By ensuring that earning
`V-Bucks through game play is difficult and time-consuming, Fortnite leaves players with no real
`option except to pay for V-Bucks with real money if they want to acquire items and game content in
`Fortnite.
`Epic Games’ stated policy is that V-Bucks are not refundable. It does not matter who
`
`20.
`bought them, how they paid, whether they changed their mind, or whether they have any further
`need for the V-Bucks (e.g., have stopped playing the game). Epic does not disclose to the player at
`the time real money is exchanged for V-Bucks that the V-Bucks are not refundable.
`
`21.
`Epic Games uses this manner of regulating in-game purchases to manipulate and
`mislead its players, especially minors. First of all, Epic Games fixes the conversion rate for V-Bucks
`
`7 See, e.g., Wynarczk, Natasha, Fortnite ‘designed to be addictive’ for kids, The New York
`Post (June 13, 2019), available at https://nypost.com/2018/06/13/fortnite-designed-to-be-addictive-
`for-kids/ (last accessed Feb. 5, 2021); Haller, Sonja, ‘This game is like heroin:’ Fortnite addiction
`sending
`kids
`to
`gaming
`rehab, USA Today
`(Dec.
`9,
`2018),
`available
`at
`https://www.usatoday.com/story/life/allthemoms/2018/12/09/fortnite-addiction-sending-kids-
`gaming-rehab/2221149002/ (last accessed Feb. 5, 2021).
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`at prices that make it very difficult for the player to convert V-Bucks to dollars, especially in the
`fast-paced environment of the game. In that way, Epic Games conceals from the player how much
`real money he or she is spending to get items or game content in-game.
`22.
`The smallest quantity of V-Bucks available for purchase is 1000 V-Bucks for $7.99,
`a ratio of .00799 dollars to one V-Buck. Epic Games encourages larger V-Buck buys by offering
`bonus V-Bucks or other incentives. For example, Epic Games has sold a package advertised at
`10,000 V-Bucks for $99.99 with a 3,500 V-Buck bonus, which produces an exchange ratio of .0074
`dollars to one V-Buck. Epic Games could choose to let players purchase items and game content in
`dollars or have a one-to-one conversion rate for dollars to V-Bucks, but it does not.
`23.
`Because Epic Games chooses this complicated means of converting real dollars to V-
`Bucks and then prices items and game content only in V-Bucks, a player cannot determine the real
`cost of an in-game purchase without first (a) determining the conversion rate at which she bought
`the V-Bucks, which will differ depending at least on how many V-Bucks the player bought, the time
`at which she bought them, and the quantity that she bought and then (b) multiplying the cost of the
`item in V-Bucks by that conversion rate. As a pair of economic scholars has observed, it is “clear
`that Fortnite has picked the right conversion rates to create a high degree of ‘money illusion’” so
`that a player’s ability to determine the cost of a purchase is “reduced to a large extent.”8 This is
`especially true for minors.
`24.
`Epic Games’ concealment of the real cost of in-game purchases using V-Bucks is
`exacerbated by the fact that Epic Games makes the process of buying V-Bucks very fast and very
`easy. All a player needs to do is enter and save a method of paying for V-Bucks with real dollars—
`a credit card, a debit card, a gift card, etc.—and he or she can buy V-Bucks in Fortnite without
`reflection and at the push of a button. As a result, a minor can use his or her parent’s credit card or
`his or her own money from gift cards to make a virtually limitless number of purchases of V-Bucks,
`items, and game content in Fortnite.
`
`8 Schöber, Timo and Stadtmann, Georg, Fortnite: The Business Model Pattern Behind the
`Scene (January 15, 2020). European University Viadrina Frankfurt (Oder) Department of Business
`Administration
`and Economics Discussion Paper No. 415,
`available
`at SSRN:
`https://ssrn.com/abstract=3520155.
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`This combination of easy purchasing at a concealed cost explains why many players,
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`especially minors, are willing to spend hundreds or even thousands of dollars on items and game
`content in Fortnite. If the real cost in actual dollars of in-game purchases was truthfully disclosed
`to the player, instead of being concealed from the player through Epic Games’ creation and use of
`artificial exchange rates for V-Bucks that serve no legitimate purpose, most players would think that
`spending hundreds, let alone thousands of dollars, on virtual items in a video game was a colossal
`waste of money.
`26.
`Epic Games also manipulates its players, especially minors, by setting the price of
`items and game content available for in-game purchases at amounts that effectively require the
`player to buy more V-Bucks. The amount of V-Bucks sold in a package does not correspond to the
`price in V-Bucks of items and game content for sale in Fortnite. The result is that players are left
`short on V-Bucks for an in-game purchase and need to buy more V-Bucks to complete it, either
`because they did not have enough V-Bucks to begin with or because they had an insufficient number
`left over after a previous purchase. For example:
`
`[t]he Battle Pass cannot be bought directly for real currency. In a first
`step, the gamer has to exchange real money into V-Bucks. The smallest
`package of 1,000 V-Bucks is available for 9.99 EUR. It becomes clear
`that after the transaction is performed, an amount of 50 V-Bucks is a
`kind of leftover because no item can be bought for the price of 50. The
`item with the lowest price . . . is a dance move (emote), which is
`available for 200 V-Bucks. When looking at the prices in the online
`shop, not a single item is sold for the price of 1,000 V-Bucks (smallest
`package).9
`Furthermore, Epic does not provide players with a history of their purchases of items
`27.
`or game content in Fortnite. Epic Games benefits from this lack of transparency because, without
`the ability to see what they have purchased and at what price in the aggregate, the player can continue
`to purchase items and game content uninhibited by knowing the amount the player has already spent.
`28. With specific respect to V-Bucks purchases by minors, Fortnite does not contain any
`parental notifications or controls to inhibit minors from continually buying V-Bucks. Epic Games
`does not require that a parent consent to a purchase; nor does it send a parent a receipt or other
`
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`9 Id.
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`COMPLAINT
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`notification when a purchase of V-Bucks is made. Epic Games knows that minors lack the impulse
`control and judgment of adults, and it has designed a system of V-Bucks purchases that induces
`minors to make substantial purchases of V-Bucks. Leaving parents without control over or even
`information about those purchases ensures that minors will continue to make them.
`D.
`Fortnite Manipulates and Misleads Players, Especially Minors, Into Making In-Game
`Purchases of Items and Game Content.
`29.
`Fortnite misleads and manipulates minors into making purchases of V-Bucks and,
`from there, items and game content in Fortnite without understanding the economic reality of those
`transactions. Minors often make purchases using credit card or debit card information for their
`parents’ accounts that they store on whatever gaming platform they use to play Fortnite. Parents
`whose credit and debit card information is stored in this way likely do not know that those allowed
`to access the platform can make in-game purchases in Fortnite using their money.
`30. While their minor child is playing Fortnite, parents may not be closely monitoring
`their credit card, debit card, or bank account information. In that way, a minor’s in-game purchases
`can go undetected. And because Epic Games does not have any parental control or notification
`system, parents in these circumstances have no reason to be scouring their account statements for
`Fortnite purchases by their minor children.
`31. Minors also use their own funds to purchase V-Bucks and, from there, items and
`game content in Fortnite. This commonly takes the form of transactions made using gift cards
`expressly for V-Bucks or for third-party marketplaces like the PlayStation store. Minors may receive
`those gift cards for birthdays, holidays, and the like or purchase them with their own money in the
`real world.
`Epic Games’ stated policy so strictly limits the refundability of in-game purchases of
`32.
`items and game content that they are, for all intents and purposes, nonrefundable. The Battle Pass
`is nonrefundable on any terms. The Starter Pack—bundles of cosmetic items and V-Bucks—are
`nonrefundable on any terms. Weekly items—items available for a limited time—are not refundable
`on any terms. At the point at which items like these are sold, however, the fact that they are not
`refundable is either not disclosed or is disclosed in small and inconspicuous text that most players,
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`especially minors, would not take note of. Epic Games thus misleads Fortnite players, especially
`minors, by not including visible or prominent language explaining that these purchases are not
`refundable.
`Epic Games’ stated policy with respect to cosmetic items such as skins, gliders, and
`33.
`emotes is that they are refundable, but that is not accurate. Epic Games’ stated policy is that each
`Fortnite account is limited to a lifetime maximum of three refunds total, that those three refunds
`each must be requested within thirty days of purchase, and that those refunds are payable in V-
`Bucks. Epic Games’ stated policy does not allow a refund of an in-game item for the real dollars
`that purchase actually cost.
`34.
`Epic Games uses many tactics to manipulate players, especially minors, to purchase
`items and game content in Fortnite. One is time pressure. For example, the in-game shop in Fortnite
`has sections called “Special Items” or “Daily Items” in which an on-screen clock shows that the
`items offered for sale will be available for only a limited number of hours. Because a player is never
`sure whether the items will be offered again and is sure that the item is on offer for only a short time,
`she is placed under pressure to buy the item immediately.
`35.
`Epic Games also manipulates players by getting them to “keep up with the Joneses.”
`Epic Games pushes new content to Fortnite and updates to Fortnite very rapidly, such that in-game
`items purchased with V-Bucks become stale quickly. Further, because players frequently play as
`teams, a gamer can see some of the items her teammates have and thereby learn about what they buy
`in the in-game shop, which can induce the player to buy those items to keep up with her peers.
`Because players are frequently peers, they discuss what kind of items and game content they buy
`with one another. This incentive to buy to match pace with one’s peers is especially strong with
`minors, who are more likely to be influenced by the desire to belong or for peer acceptance than are
`adults.
`
`Epic Games also induces minors to play Fortnite for long hours to advance their
`36.
`levels in the game, thereby inducing in-game purchases when minors are fatigued. Reports of minors
`playing Fortnite for excessive amounts of time and at the expense of other activities are not
`uncommon.
`
`
`
`
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`9
`COMPLAINT
`
`Case No. 3:21-cv-00976
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`Case 3:21-cv-00976 Document 1 Filed 02/08/21 Page 11 of 23
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`As it does with V-Buck purchases, Epic Games also manipulates minors in to making
`37.
`purchases of items and game content by making those purchases very easy to execute without
`reflection, by not providing an in-game purchase history, and by not including any parental control
`or notification protocols. The nonrefundability of in-game purchases makes these practices
`especially unfair with respect to transactions by minors.
`E. Fortnite Misleads Minors and Their Parents About In-Game Purchases.
`38.
`Under California law and the law of most, if not all, other states, minors are allowed
`to disaffirm—i.e., to avoid—contracts that they have entered into. Thus, contrary to Epic Games’
`stated policy, a minor can request a refund without conditions. Epic Games’ stated policy and its
`application of same to minor players is misleading because it communicates that in-game purchases
`are categorically nonrefundable (or effectively nonrefundable) and fails to disclose that minors are
`permitted to obtain refunds upon disaffirmance.
`39.
`Under California law, a minor may not enter into a contract relating to any personal
`property not in the immediate possession or control of the minor. Such contracts are void and, as
`such, amounts paid pursuant to those contracts are refundable. Epic Games stated policy and its
`application of same to minor players is false and misleading because it communicates that in-game
`purchases are categorically nonrefundable (or effectively nonrefundable) and fails to disclose that
`purchases by minors using personal property not in the minor’s immediate possession or control—
`e.g., a parent’s debit or credit card—are refundable.
`40.
`Epic Games misleads players, especially minors, as to the refundability of purchases
`of V-Bucks, items, and game content by not stating that the purchase is nonrefundable or by stating
`that it is nonrefundable in very small font in an inconspicuous location.
`41.
`Epic Games misleads players, especially minors, as to the real cost of purchases of
`V-Bucks, items, and game content by making the conversion rate for dollars to V-Bucks needlessly
`complex and pricing purchases of items and game content in V-Bucks, thereby concealing the actual
`cost of these purchases from the player.
`42.
`Epic Games misleads players, especially minors, as to the current value of an item or
`game content by not disclosing when newer related content will be published. Minors have no way
`Case No. 3:21-cv-00976
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`COMPLAINT
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`Case 3:21-cv-00976 Document 1 Filed 02/08/21 Page 12 of 23
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`of knowing, for example, if an item they are purchasing today will become stale in a short period of
`time when newer content is published.
`F.
`Plaintiffs’ Experience with Fortnite.
`43.
`Plaintiff K.W. began playing Fortnite in 2018, at either nine or ten years old. K.W.
`recalls clicking through Epic Games’ End User License Agreement (“EULA”). As a minor, K.W.
`did not understand what he was clicking and did not understand the legal terms of the EULA. K.W.
`played Fortnite on a personal computer, Sony PlayStation 4, Xbox, and iPhone.
`44.
`K.W. has made multiple purchases of V-Bucks in Fortnite using K.W.’s own money,
`though gift cards and otherwise.
`45.
`K.W. has made at least one purchase of V-Bucks in Fortnite using Williams’s credit
`card. Williams would not have authorized that purchase because her approach to K.W.’s game
`playing has been to not give K.W. funds to buy purchases of items and game content.
`46.
`K.W. used V-Bucks to purchase items and game content in Fortnite, including, but
`not limited to, skins and Battle Passes.
`47.
`K.W. has been confused about the actual cost of real dollars of certain purchases of
`items and content in Fortnite because Epic Games concealed that information from K.W. as
`described in this Complaint. K.W. has purchased items and content in Fortnite K.W. would not
`otherwise have purchased had K.W. known the actual cost of the item.
`48.
`Epic Games did not provide K.W. with a purchase history regarding V-Bucks, items,
`or game content. Epic Games did not provide Williams or any other responsible adult with
`notification of or controls over K.W.’s purchases.
`49.
`K.W. has attempted to cancel or seek a refund for certain purchases of in-game items
`and content, but he was not able to do so because of Epic Games’ refund policy.
`50.
`Before consulting with counsel about the matter, K.W. was not aware of the right of
`a minor to disaffirm contracts like purchases of V-Bucks and in-game items and content and to
`obtain a refund. K.W. relied on the nonrefundability of Fortnite purchases.
`
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`Case 3:21-cv-00976 Document 1 Filed 02/08/21 Page 13 of 23
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`Before consulting with counsel about the matter, Williams was not aware of
`51.
`California law providing that certain contracts by minors are void. Williams relied on the
`nonrefundability of K.W.’s Fortnite purchases.
`52.
`K.W. has made purchases of items in Fortnite under time pressure as described in
`this Complaint. K.W. has later regretted those purchases.
`53.
`K.W. has made purchases of items in Fortnite in order to keep up with his peers in
`the game. K.W. has later regretted those purchases.
`54.
`As of the date of the filing of this Complaint, K.W. has disaffirmed all of K.W.’s
`contracts with Epic Games concerning Fortnite, including any terms of service, license agreements,
`purchases of V-Bucks, and purchases of items and content.
`55.
`All conditions precedent to the maintenance of this action have occurred, been
`performed, or have been waived.
`CLASS ACTION ALLEGATIONS
`Pursuant to Rule 23 of the Federal Rules of Civil Procedure, K.W., by and through
`56.
`
`Williams, K.W.’s guardian, brings this case on behalf of the following class (the “Minor Class”):
`
`All minors in the United States who, at any time between July 27, 2017
`and the present, had a Fortnite account that they used to play Fortnite
`on any device and in any mode and (a) exchanged in-game V-Bucks for
`any item or game content, or (b) made a purchase of V-Bucks, items, or
`game content for use within Fortnite.
`Within the Minor Class is a subclass of minors who met the Minor Class definition while residing in
`California (the “California Minor Subclass).
`57.
`Pursuant to Rule 23 of the Federal Rules of Civil Procedure, Plaintiff Williams
`individually brings this case on behalf of the following class (the “California Parent Class”):
`
`All persons who, at any time between July 27, 2017 and the present,
`were the parent or guardian of a minor who, while residing in Californ

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