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Consumer Law
Consumer Protection
Unjust Enrichment

Beau Zanca; Eric Krohm, A.J., by and through his Guardian Chris Jones; Z.K., by and through his Guardian Sean Kinney; M.M., by and through his Guardian David Minces; L.M., by and through his Guardian Chad Moyer, individually and on behalf of all others similarly situated v. Epic Games Inc.

Published: Apr. 2, 2021 | Result Date: Feb. 26, 2021 | Filing Date: Jan. 12, 2021 |

Case number: 21-CVS-534; COURT: Superior Court of North Carolina, Tenth Judicial District: Settlement –  $26,500,000

Attorneys

Plaintiff

Daniel K. Bryson
(Milberg, Coleman, Bryson, Phillips & Grossman PLLC)

Patrick M. Wallace
(Whitfield, Bryson & Mason LLP)

Timothy Devlin
(Devlin Law Firm LLC)

Deepali A. Brahmbhatt
(Devlin Law Firm LLC)

Myles McGuire
(McGuire Law PC)

Evan M. Meyers
(McGuire Law PC)

Timothy P. Kingsbury
(McGuire Law PC)

Colin P. Buscarini
(McGuire Law PC)

Michael J. McMorrow
(McMorrow Law PC)


Defendant

Jeffrey S. Jacobson
(Faegre Drinker Biddle & Reath LLP)


Facts

Beau Zanca joined Eric Krohm and others as the main plaintiff through their guardians ad litem to initiate a class action lawsuit against Epic Games, Inc. under various state Unfair and Deceptive Practices laws. Epic Games allowed free downloads of video games such as Fortnite and Rocket League for a number of computing device platforms.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiffs contended that defendants implemented pricing control by selling certain virtual money and perks within the downloads for cash. The prices were set at odd amounts to perpetrate a cycle of constantly needing to purchase the "loot" to be actively involved in the game. In addition to the expensive and unfair pricing tactics, defendants also induced players into making more purchases by making the buying interfaces and processes easy and almost instant. Plaintiffs claimed that Defendant is liable for damages that resulted from its unfair practices.

DEFENDANT'S CONTENTIONS: Defendants denied any and all claims of wrongdoing but agreed to a nationwide class action settlement that includes the automatic deposit of virtual currency into the accounts of nearly 10 million players and also allows players to file claims for additional benefits if they are eligible for them.

Result

Fortnite and Rocket League players can receive up to $50 or in-game credits under the $26.5 million settlement.

Other Information

JUDGE: Keith Gregory


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