CRIMINAL CAPITALI$M

'Fortnite' maker agrees to $245M in FTC fines over unwanted purchases

By Simon Druker

The U.S. Federal Trade Commission said Tuesday, it is finalizing a multimillion-dollar order against Epic Games, the maker of the popular video game "Fortnite." Photo courtesy of Epic Games


March 14 (UPI) -- The U.S. Federal Trade Commission said Tuesday, it is finalizing a multimillion-dollar order against Epic Games, the maker of the popular video game "Fortnite," for tricking players into making unwanted purchases.

Epic agreed to pay $245 million in fines, the FTC said in its order.

The commission contends the North Carolina-based game maker used dark patterns to trick players into purchases. Children ended up getting billed for unauthorized charges without parental consent.

Once finalized, money from the settlement will go toward refunds to game players.

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Tuesday's order is separate from a $275 million settlement Epic agreed to pay for violating children's privacy laws.

Both agreements were tentatively agreed to in December.

"Epic began and persisted engaging in these practices despite prior public law enforcement actions against Amazon, Apple and Google for failing to obtain parents' consent to charges in kids' gaming apps," the commission said in its order Tuesday.

The order prohibits Epic "from charging consumers through the use of dark patterns or from otherwise charging consumers without obtaining their affirmative consent."

"Fortnite" is free to download and play but offers numerous in-game upgrades for a fee. The content is known as "skins."

The company is also unable to block gamers' accounts if they dispute unauthorized charges.

Consumers can apply for refunds through the FTC's website.

Employees raised concerns internally as far back as 2017, but those were ignored by management, according to court documents.

Despite complaints, the company did not begin age verification for in-game paid purchases until 2019.

"Protecting the public, and especially children, from online privacy invasions and dark patterns is a top priority for the commission, and these enforcement actions make clear to businesses that the FTC is cracking down on these unlawful practices," FTC Chairwoman Lina Khan said in a statement in December.