Wolfe🌌 🐺
79 posts
Wolfe🌌 🐺
@C3RB3RUSFN
30s. Chill gamer.// Fortnite and Destiny.// Epic User: C3RB3RUSFN
Consumer attorney here. Here's a quick breakdown: 1.) To the best of my knowledge, the only place where Epic stated Battle Pass items "would not be obtainable again" was buried deep in an in-game FAQ starting with Season 5 and was then removed around Season X. This language was never included in the BP product pages (as far as I've seen), and it was not in their online FAQs nor in their BP trailers/ads either. That language was included in a response to whether BP items were "yours to keep forever," even after the season ends, which suggests they were clarifying that your items would not be locked (i.e. not requiring you to obtain them again) once the season ends. Of course, we all know the way around this is to bring back seasons, as they have done with OG. 2.) Epic's terms/conditions broadly allows them to take action that "impact the perceived value of or purchase price for any Credits or other In-Game Content at any time." In other words, consumer have consented to Epic bringing back BP items despite whatever impact it could have to nebulous concepts like "rarity." 3.) Epic's terms/conditions also require individual arbitration of consumer complaints, so the spectre of a class action is heavily diminished, as most attorneys do not want to deal with individually representing thousands of consumers on an already flimsy case. More on that. 4.) Even if a claim were to be filed, the consumer would have to show that he/she actually relied on that representation that the items would not return. This would be extremely hard to show especially if they start making claims about Battle Passes before Season 5 or beyond Season X. Furthermore, the fact that Epic has already brought back some BP items (e.g. Ripe wrap, Sparke Specialist, Get Down glider, Pony Up emote, etc.) would suggest that consumers have long blown their statue of limitations and any future claims would be foreclosed. 5.) Consumer would also have to show damages. This is probably the biggest issue. First of all, how would anyone accurately attribute how much value of that $10 Battle Pass was tied up in it never returning again? This doesn't necessarily defeat the claim, but it certainly weakens the value of the case. Consumer would also have to show how they were somehow harmed when the item was made available again - also very speculative, as they enjoyed the item itself plus for ten years, which is way beyond the life of most any other game back then and now. 6.) Terms like "exclusive" in marketing carry little weight. It's puffery that no reasonable consumer takes seriously or can adequately assess the actual meaning of. Saying something won't return on the other hand also needs to be taken within reason. Should Aretha Franklin, Elton John, KISS, and Cher be sued into oblivion or be precluded from performing again (RIP Aretha/Ace) since they already had multiple farewell tours? Again more marketing fluff that has no actual value, particularly so with digital goods where scarcity is entirely fabricated. All in all, I think Fortnite can easily bring back pre-C5S4 Battle Passes and their items in any form they would like. Perhaps when OG Ch. 1 wraps up in Nov/Dec, they will launch OG OG Mode, which re-runs the seasons in their original timelines (with all original events, promotions, challenges, etc. in tact). Or maybe they'll launch a Fortnite Re-Run program as part of Crew, which lets you select a legacy pass to tack onto your OG Pass as a separate track. Or maybe they'll just start putting BP items into the Shop for 10x their BP-equivalent prices? Options are endless - just a question of when Epic wants to pull this trigger. The upcoming 10th anniversary of the game, conclusion of OG, and GTA6 release seem as good a time as any. Plus the community sentiment seems to exceedingly favor the return BPs, especially in light of the many new players that have joined the FN train. @fortnite @EpicNewsroom @TimSweeneyEpic @MarkRein @EpicTofuChris @AndreBaltaEpic @arCtyC @EmptyTux @Hogman @TheDadal @JustTeddii @AlecShobin @AdamBaxter @eric_w @EpicGhosty @imcharliewen @DavidMickner @umiscar @MrElek @BeatBoxingBode
