Federal Consolidation Sought for Video Game Addiction Lawsuits

JPML rejected a similar request last year, determining that too many different companies and video games were involved in the lawsuits to justify centralized pretrial proceedings in the federal court system at that time.

A panel of federal judges has been asked to consolidate all federal video game addiction lawsuits against the makers of Fortnite, Minecraft and Roblox, centralizing claims filed in U.S. District Courts nationwide before one judge for coordinated discovery and pretrial proceedings.

The request comes as a growing number of lawsuits continue to be filed nationwide, each involving similar allegations that the rise in video game addiction among teens has been caused by tactics used by major game manufacturers to maximize engagement, often at the expense of children’s mental health. The complaints allege that leading developers and publishers intentionally design games to foster addictive behaviors, particularly in multiplayer online “live service” platforms.

Parents claim these games illegally track children’s online activity and use the data to build algorithms that push targeted ads and in-game purchases. Lawsuits describe practices such as promoting loot boxes with random rewards, forcing long play sessions to obtain rare item “drops,” and selling pay-to-win upgrades or cosmetic extras, all of which lawsuits allege are designed to exploit young players.

Similar allegations have been raised in hundreds of social media addiction lawsuits filed by parents and guardians who claim companies like TikTok, Facebook, Meta and Google intentionally design their patforms to manipulate and maximize user time and engagement, as well as the content users see.

In both sets of cases, plaintiffs argue that these tactics drive addictive and self-destructive behavior in children and teens, leading to anxiety, depression, eating disorders, lasting psychological harm, and in some instances, attempted or completed suicides.

On September 25, Rochelle Tomlin, who brought a video game addiction lawsuit on behalf of herself and her minor child, filed a motion to transfer (PDF) with the U.S. Judicial Panel on Multidistrict Litigation (JPML), requesting that her case and all similar complaints pending throughout the federal court system be consolidated for discovery and pretrial proceedings in the Eastern District of Pennsylvania, as part of a video game addiction MDL (multidistrict litigation).

While a large number of different video games have been targeted by these types of lawsuits, this request seeks to limit the MDL to three “gateway” games, including Epic Games’ Fortnite, Roblox Corporation’s Roblox, and Microsoft’s Minecraft.

This narrower approach follows a JPML ruling in June 2024, when the panel rejected a broader effort to consolidate video game addiction lawsiits, which involved more than two dozen companies and multiple games named as defendants. At the time, judges concluded the litigation was too fragmented, with different developers, products and alleged design tactics involved in the litigation, to benefit from centralization under a single court.

“Here, Movant-Plaintiff does not seek an industry-wide MDL. Rather, she requests consolidated proceedings limited to three gateway video games and their four manufacturers that specifically target children, employ similar unreasonably dangerous design features, and cause a common harm – addiction.”

— In Re: Gateway Video Game Addiction Product Liability Litigation

Tomlin’s motion argues that consolidation of these claims will prevent duplicative discovery, contradictory rulings, and serve the convenience of the parties, court and witnesses.

According to the motion, there are currently 17 actions involving the three games, which have been brought in seven different U.S. District Courts.

If the panel agrees to the consolidation request, the court would coordinate discovery efforts to avoid duplicative pretrial proceedings and contradictory rulings. However, each plaintiff would still need to establish that their video game addiction was caused by the actions of specific defendants.

As part of the coordinated management of the litigation, it is likely that the appointed judge may hold a series of bellwether trials, to help the parties determine how juries may respond to evidence and testimony that would be repeated throughout the litigation. However, if a video game addiction lawsuit settlement is not reached during the MDL proceedings, each individual claim may later be returned back to its originating district for separate trial dates in the future.

Separate MDL Petition Targets Roblox Over Sexual Exploitation Claims

At the same time, Roblox has also been named in a separate multidistrict litigation request involving allegations that the platform has failed to take steps to prevent child sexual exploitation. Those lawsuits allege that adult predators have used Roblox to groom young children, often resulting in the exchange of graphic images, sexual assault or other psychological damages. 

Earlier this month, families asked the JPML to consolidate more than 30 Roblox child sexual exploitation lawsuits filed nationwide. Many of the claims also name platforms like Discord, Snapchat and Instagram, which were allegedly used to continue communications after locating potential victims on Roblox.

That motion to consolidate Roblox lawsuits seeks to centralize the litigation in the Northern District of California, similarly arguing that coordination would help streamline discovery and prevent conflicting rulings. While distinct from the video game addiction lawsuits, both efforts highlight the growing scrutiny facing Roblox over the design and safety of its platform, as well as its impact on children.

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