Suing a Company Over Droves of Hacked “Fortnite” Accounts? Litigators Show Class Action Is Warranted

by: The Knowledge Group

August 22, 2019


Fortnite is a wildly popular online video game released in 2017 by Epic Games. The company now faces a class-action lawsuit over a cybersecurity breach.

The suit faults Epic Games for insufficient security measures and lack of notice to millions of users that their identifying details had been hacked.

Personal injury lawyers filed the federal suit on behalf of more than 100 account holders.

Obtaining Class Certification

Addressing class certification under the Federal Rules of Civil Procedure, the Supreme Court in Comcast v. Behrend, 569 U.S. 27 (2013) set a threshold for a suitable claim. The Court reversed the class certification in the antitrust case before it, and thereby restricted class certifications generally.

Since then, in Riffey v. Rauner, the Seventh Circuit in 2018 disallowed certification because individual questions about harm to individuals overpowered the problems affecting the class as a whole. In 2016, the Fifth Circuit in Crutchfield v. Sewerage & Water Bd. of New Orleans wouldn’t certify a class when damages would depend on individualized facts rather than the assessment of classwide harm.

Damage Models in Consumer Class Action: Achieving Certification

But as contrasting circuit decisions have shown, whether a plaintiff has the requisite classwide damage to qualify for class certification is not always clear.

Thus, plaintiffs’ and corporate defendants’ lawyers alike need to closely examine the damage models and surrounding case law since the Comcast case.

The Knowledge Group will present a live webcast on Wednesday, September 11, 2019, 3-5 pm (ET) covering class action litigation, with a special focus on demonstrating classwide damage. Please join us.