Millions of individuals, including millions of minors, play Epic Games’ “Fortnite.”

One unidentified minor, known in this case as Johnny Doe, filed a federal lawsuit claiming that “Epic collects millions of dollars. . . by luring [children] to download bait Apps and then spend vast sums on Game Currency without parental knowledge or permission.” Part of the suit reads that “these games are highly addictive, designed deliberately so, and tend to compel children playing them to make purchases.”

None of these purchases allow for refunds. At the early stages of this litigation, a federal district court had to rule whether a minor sufficiently conveyed his intent to repudiate end-user license agreements (EULAs) and therefore could disaffirm any expressed or implied contract. On the question of disaffirmance, should the court rule in favor of the minor’s request to disaffirm?