Parents Sue Gaming Giants for 'Addictive' Game Design

Some of the world’s biggest video game developers and publishers are facing a lawsuit accusing them of habit-forming design. According to a couple in Arkansas, games produced and distributed by Microsoft, Activision Blizzard, Electronic Arts, Ubisoft, and Epic Games—as well as the studios that create those games on the companies’ behalf—are made to be psychologically addictive. 

The complaint, filed on Oct. 30 and spotted by Insider Gaming, claims the above companies “specifically developed and designed” their games to foster video game addiction (otherwise referred to as “internet gaming disorder”). “The rapid spread of video game addiction is a proximate result of [the companies’] concerted effort to get consumers (i.e., game players) addicted to [their] video games in order to maximize [their] profits,” the lawsuit reads. 

The parents behind the lawsuit say games like Fortnite, Rainbow Six, Battlefield, and Call of Duty use “several psychological tools to increase game play time,” including positive feedback loops, in-game rewards, and AI-powered engagement algorithms that make gameplay easier or more difficult based on the player’s skill. They also claim the games are full of “monetization schemes,” including loot boxes, that “entice minors” to make in-game purchases. 

Credit: Kelly Sikkema/Unsplash

The plaintiffs say these patterns have led their 13-year-old son—referred to as G.D.—to play video games for 12 to 14 hours per day and spend over $3,000 total on microtransactions.

“As a result of gaming addiction, G.D. specifically has experienced severe emotional distress, physical injuries, diminished social interactions, a drop in grades and inability to attend school, depression, lack of interest in other hobbies and sports, withdrawal symptoms such as rage, anger, and physical outburst[s], and diagnoses of ADHD and dyslexia,” the lawsuit alleges.

Mitigation strategies like outpatient counseling, a special education plan, and even the ADHD medication Focalin have reportedly failed to resolve these issues sufficiently. As a result, G.D.’s parents are demanding an undisclosed compensatory sum exceeding $75,000.

This isn’t the first time microtransactions have garnered legal attention. After a 2018 study found that loot boxes are “psychologically akin to gambling,” the Federal Trade Commission (FTC) and Entertainment Software Ratings Board (ESRB) began eyeing the chance-based assets more closely. The latter even went so far as to add a special loot warning next to games’ ESRB ratings.

But G.D.’s parents’ lawsuit extends past loot boxes, picking a bone with multiple dark patterns they claim are used by some of the most influential gaming giants around. If they (and their lawyers) can demonstrate intentional use of those patterns, it could mean a major shift in how video games are designed and regulated here in the United States.