Navigating Business Law in the World of Fortnite

Posted by Michelle Escobar.

Fortnite is a game that is extremely popularized all over the world. Fortnite has been around for seven years and in those years, it has become one of the most enjoyable game for people on different span of ages. Though the game targets adults, it is specifically advertised for younger children. The beginning of the article mentions, “… it is of great possibility the in-game currency without their parents knowing”. Personally, I am a babysitter of three younger boys and the mother has come to the point where she’s had to hide the controllers and forbid the game of Fortnite to be played on their console. It goes without saying that the game can create deceptive tactics and develop addictive behaviors.

Epic Games, otherwise, the company who owns Fortnite evidently “used dark patterns and other deceptive practices to trick players into making unwanted purchases”. This is reason for why children have been given easier access to rack up charges without parental consent – the kids I babysit were doing this too frequently (weather it was for the same reason or not, it happens too often with this game). The use of dark patterns lures people to these “coercive design tactics” and manipulate digital behaviors. People eligible for this FTC settlement (Fortnite is being sued for their deceptive marketing strategies) are people who fall under this category and were charged for items they didn’t want between the years of 2017 to 2022; parents whose children made purchases without consent including uses who were locked after complaining to their credit card company on wrongful charges.

I, personally, must agree that Fortnite is at fault. Kids can be so easily lured to deceptive tactics all over widespread media. Needless to say, parents must pay closer attention to what their children are doing on games like Fortnite where purchasing skins or accessories is easily accessible. I believe the United States has something that protects children from deceptive marketing, the Children’s Online Privacy Protection Act, otherwise known as COPPA. COPPA requires websites and online services to receive parental consent before collecting any personal information from children (specifically kids who fall under the age of 13). I know that the FTC acts against companies like Fortnite that indulge in deceptive marketing that target children and encourage purchases without parental consent. This being an FTC settlement deems necessary as Fortnite violated the Federal Trade Commission act that is set in place to protect children. I believe that this is a step in the right direction, and I hope that they benefit from their missteps.

Michelle is a social work major at Seton Hall University, Class of 2026.

Works Cited:
https://blogbusinesslaw.com/fortnite-players-can-now-apply-for-a-portion-of-its-245-million-ftc-settlement

https://www.cnn.com/2023/09/19/tech/fortnite-refund-settlement-claim/index.html