JOHNSTON V EPIC GAMES, INC. ET AL. & BOURGEOIS V ELECTRONIC ARTS INC ET AL
Client: JOHNSTON V EPIC GAMES, INC. ET AL. BOURGEOIS V ELECTRONIC ARTS INC ET AL.
File: British Columbia Superior Court file #SCBC S-220088
File: Quebec Superior Court file #500-06-001132-212
Date: September 2020
The plaintiff alleges that the defendants breached various consumer protection laws in their offering and operation of random-item loot boxes in the video games Rocket League and Fortnite. From July 25, 2017 to February 5, 2019, players in Fortnite: Save the World could purchase “V-Bucks” to spend on “Loot Llamas”. From September 8, 2016 to December 4, 2019, players in Rocket League could purchase “Keys” to spend on “Crates”. The plaintiff sought to recover damages for himself and Class Members for alleged losses as a result of this conduct. The defendants deny the allegations.
The Class consists of all natural persons in Canada, and their guardians or estates, who purchased random-item loot boxes in Rocket League or Fortnite. If you had an account in Rocket League or Fortnite, you should have received an email confirming your membership in the Class.
The settlement provides for the payment of CDN $2,750,000 by Epic in exchange for a full release of all claims raised in the legal proceedings against it by the Class. The payment of the settlement amount is not an admission of liability, wrongdoing, or fault by the defendants.
A further hearing will be held on February 15, 2023 to seek approval of the Settlement Agreement by the court. The hearing will take place in at 800 Smithe Street, Vancouver, B.C., before the Honourable Justice Majawa.
Class Members who made in-game purchases, and who contend that any aspect of these purchases gives rise to a claim of consumer fraud, breach of contract, or other legal claim for damages regarding those purchases, will be able to submit claim forms for additional compensation.
To qualify for compensation, a Class Member is required to:
- provide a valid email address to the Settlement Administrator within 30 days from the publication of this notice, namely by Wednesday January 11, 2023;
- timely submit a valid and complete Claim Form which will be sent to the Class Member by the Settlement Administrator at the address provided in step (a), by or before the date indicated in that Claim Form.
Each Class Member who timely submits a valid Claim Form will receive an equal amount up to a maximum of $25.00 per Class Member regardless of the number of lootboxes purchased by such Class Member. Under the terms of the settlement, certain conditions may lead to Class Members with valid claims receiving less than this amount. For example, the compensation available to Class Members will be reduced proportionately among all Class Members with valid claims if the total amount of eligible claims exceeds the Settlement Fund minus the costs and expenses of the settlement described in the Settlement Agreement and summarized herein.
For assistance, you may contact the Claims Administrator or class counsel or visit the dedicated website at:
Velvet Payments Class Action Services
5900 Andover Ave. Suite 1
SLATER VECCHIO LLP
PO Box 10445 Pacific Centre North
18th Floor, 777 Dunsmuir Street Vancouver
BC V7Y 1K4
Tel: 1 855-916-4748 (toll free)