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The US Federal Trade Commission announced on Monday that it will send the first round of payments to consumers who were duped by Fortnite maker Epic Games into making unwanted purchases, with refunds totaling more than $72 million. The settlement, first announced in December 2022 and finalized in March 2023, fined the game $245 million for “unintuitive, inconsistent, and confusing button configuration,” which led consumers to make unwanted purchases by clicking the button. Error.
The use of these types of scams, also known as “dark patterns,” has been the focus of attention from the Federal Trade Commission in recent months. The commission issued findings on the use of technology designed to deceive subscription apps, targeting companies that profited from consumers using dark patterns, including neobank Dave and Amazon, among others.
In the case of Epic Games, the FTC found that confusing navigation could cause customers to make purchases by mistake. For example, when players wake the game from sleep mode, they can charge while the game is still loading. They were also charged a fee when they clicked a button to preview an item. The FTC said these tactics led many Fortnite players, most of them children, to “file unauthorized charges without any parental involvement.”
As part of its settlement with the FTC, Epic Games was required to stop its use of these digital design tricks and obtain affirmative approval for digital purchases. It also prevents Epic Games from locking the accounts of customers who dispute fees for purchased digital goods and services.
The $72 million refund now being sent to affected customers is the first round of payments coming from the settlement, with more payments planned to be distributed at a later date. On Monday, 629,344 payments were made, half via PayPal and the other half via cheque. (Consumers chose how they wanted to be paid when they completed their claim form.) Affected customers must get their payments back via PayPal within 30 days and cashier’s checks within 90 days.
The average payout is about $114. Consumers still can Submit a claim via the online form If they haven’t already.
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