CARY – It’s official now. On Wednesday evening the Federal Trade Commission voted unanimously to finalize its order that Cary-based Epic Games pay more than $500 million due to complaints about customer privacy related to Epic’s globally popular Fortnite game.
The settlements are a record, according to the FTC.
The original fines and decisions were announced in December.
Epic accepted the settlement.
“No developer creates a game with the intention of ending up here,” Epic said at the time. “The video game industry is a place of fast-moving innovation, where player expectations are high and new ideas are paramount. Statutes written decades ago don’t specify how gaming ecosystems should operate. The laws have not changed, but their application has evolved and long-standing industry practices are no longer enough. We accepted this agreement because we want Epic to be at the forefront of consumer protection and provide the best experience for our players.”
Here is the full decision as announced by the FTC
The Federal Trade Commission has finalized an order requiring Epic Games, the maker of the Fortnite video game, to pay $245 million to consumers to settle charges that the company used dark patterns to trick players into making unwanted purchases and let children rack up unauthorized charges without any parental involvement.
In a complaint announced in December as part of a settlement package with Epic, the FTC said that Epic deployed a variety of design tricks known as dark patterns aimed at getting consumers of all ages to make unintended in-game purchases. Fortnite’s counterintuitive, inconsistent, and confusing button configuration led players to incur unwanted charges based on the press of a single button. The company also made it easy for children to make purchases while playing Fortnite without requiring any parental consent. According to the FTC’s complaint, Epic also locked the accounts of customers who disputed unauthorized charges with their credit card companies.
Under the FTC’s order, Epic must pay $245 million, which will be used to provide refunds to consumers. The order also prohibits Epic from charging consumers through the use of dark patterns or from otherwise charging consumers without obtaining their affirmative consent. Additionally, the order bars Epic from blocking consumers from accessing their accounts for disputing unauthorized charges.
After receiving five comments, the Commission voted 4-0 to approve the complaint and order against Epic and the responses to the commenters.
As part of a separate settlement, also announced in December, Epic agreed to pay a $275 million penalty to settle FTC allegations that the company violated the Children’s Online Privacy Protection Act Rule.
Consumers who believe they may have been injured by Epic’s practices can visit FTC.gov/Fortnite for more information on the refund process.