Nintendo recap: You may be eligible for a Fortnite refund from the $520M settlement

Fortnite Christmas event Season 7
(Image credit: Epic Games)

Hello everyone and welcome to this week's Nintendo recap. Despite it being a holiday weekend, there was some interesting developments in the Switch world. First off, it was announced that Fortnite's maker, Epic Games, will pay roughly half a billion dollars to settle legal complaints raised by the FTC around children's privacy and accidental purchases. I'll go into detail on that and explain who is eligible for refunds.

In other news, the highly-anticipated Sports Story shadow-dropped onto the eShop along with several other indie titles. Lastly, we got some exciting news for The Legend of Zelda: Tears of the Kingdom that has us stoked for the game's release. I'll end by discussing the best Switch games that came out this year that you might have missed. Let's get going. 

Fortnite maker Epic Games will pay $520M to settle FTC complaint

Fortnite on Switch

(Image credit: iMore)

We learned this week that Epic Games, the maker of Fortnite, has agreed to pay $520 million to settle complaints brought forward by the Federal Trade Commission (FTC). (Thanks VGC). This isn't just one but actually two settlements. One deals with the fact that Epic violated the Children's Online Privacy Protection Act (COPPA) by collecting personal information in Fortnite from minors under the age of 13 without parental or guardian consent. 

The second settlement centers around Epic issuing $245 million in customer refunds for tricking minors into making in-game purchases on unwanted items. The FTC said,"Fortnite's counterintuitive, inconsistent, and confusing buttons configuration led players to incur unwanted charges based on the press of a single button...for example, players could be charged while attempting to wake the game from sleep mode, while the game was in a loading screen, or by pressing an adjacent button while attempting to preview an item." 

For anyone who has played Fortnite over the last few years, it's easy to see where these complaints are coming from. Making accidental in-game purchases was all too easy and the process for undoing these purchases wasn't exactly straightforward. Not to mention, the fact that there wasn't a system in place that required parents or cardholders to consent to purchases was ridiculous. So it's good to see changes coming to the game and refunds coming to players. 

Another part of the lawsuit centers around the fact that minors have been exposed to harassment, bullying, and mature talk through Fortnite's voice chat. As part of the settlement, Fortnite's voice chat will be left off by default going forward. Getting exposed to indecent or mature conversations is bound to happen on any online game with voice chat, so really when a game's target audience is children it is better to either do away with voice chat or require players to turn it on themselves. 

Who is eligible for a Fortnite refund?

According to the official webpage regarding the lawsuit, the FTC plans on making Fortnite refunds available to those in the U.S. who meet these criteria: 

  • Parents whose children made an unauthorized credit card purchase in the Epic Games Store between January 2017 and November 2018
  • Fortnite players who were charged in-game currency (V-Bucks) for unwanted in-game items (such as cosmetics, llamas, or battle passes) between January 2017 and September 2022
  • Fortnite players whose accounts were locked between January 2017 and September 2022 after disputing unauthorized charges with their credit card companies.

How can I get a Fortnite refund?

The refund program has not been set up yet, but the FTC will provide additional information on the refund application process once it has been created. 

The Legend of Zelda: Tears of the Kingdom gets ESRB rating

The Legend of Zelda: Tears of the Kingdom key art

(Image credit: Nintendo)

I've got some good news for anyone eagerly awaiting the release of The Legend of Zelda: Tears of the Kingdom (commonly referred to as Breath of the Wild 2). The game has now officially been given an ESRB rating! It's rated E10+ (just like Breath of the Wild was) for fantasy violence and mild suggestive themes. 

Before you sarcastically twirl your fingers in the air and say "Yipee," let me explain why this is so important. Typically, when a game is ESRB-rated that means that it's close to completion. In other words, the chances that Tears of the Kingdom will need to get delayed again are much lower at this point. So we'll likely see the game release on its scheduled release date of May 12, 2023.

Of course, there's always the possibility that it could get released early like Xenoblade Chronicles 3 was. However, it's best not to plan on that. I'm fully expecting Nintendo to produce a limited edition Nintendo Switch OLED with a Zelda theme and if that's the case then the Japanese gaming company will need to plan and release the hardware and Tears of the Kingdom around the same time, so pre-determined launch dates might need to be held to for that reason.

Nintendo's Holiday Indie Event

Sports Story Image

(Image credit: Sidebar Games)

Nintendo's last Indie World Showcase from November revealed that the highly-anticipated Sports Story would be coming to Switch in December. Despite this, there had been no news of the game's exact release as we got near the end of the year. Then this week, Nintendo hosted something called Inside the House of Indies Holiday Event on its website and eShop, which was basically a five-day countdown that shadow-dropped indie games for Switch each day. Everything culminated on Friday with Sports Story being the cherry on top that capped it all off. 

This is the sequel to Sidebar Games' popular Golf Story, which released in 2017. Only now the sequel includes far more sports than the previous one did along with RPG-style dungeons and places to explore. Although it centers on increasing your rank in various sports, this game isn't just for those who like athletics. 

I've already purchased the game and have been playing it for a few hours. It's incredibly fun and there are so many things you can do. Think of it more like an RPG with sports in it rather than a sports game. You really ought to check it out if you haven't already. It was worth the wait. 

Sports Story | $15 at Nintendo

Sports Story | $15 at Nintendo

Explore a colorful pixel world where you can work to master several different sports, go exploring, and interact with dozens of NPCs. It's a fun game for any player and not just for sports fans. 

Buy from: Nintendo

All games from Nintendo's Holiday Indie Event

There are some fun new titles here in addition to Sports Story that are worth checking out. 

  • Floppy Knights
  • Mortal Shell: Complete Edition
  • Roman Sands Re:Build
  • Pupperazzi
  • The Captain
  • The Punchuin
  • The Gecko Gods
  • Risk of Rain Returns
  • Sonority
  • Sail Forth
  • Tin Hearts
  • Potion Craft: Alchemist Simulator
  • Melatonin
  • Hyper Gunsport
  • Afterimage
  • Smile For Me
  • Sports Story

Best Switch games from 2022 to play this weekend

Since this is a holiday weekend, I'm highlighting some of the very best Switch games from 2022 that you might have missed out on rather than the latest released games. 

Kirby and the Forgotten Land | $55 at Amazon

Kirby and the Forgotten Land | $55 at Amazon

Kirby gets sucked into another world filled with ruins and must figure out a way to get back while protecting his new friend and saving the captured Waddle Dees. It's a laid-back platformer to enjoy on your own or with a friend in two-player co-op. It won Best Family Game at The Game Awards. 

Buy from: Amazon | Best Buy | Walmart

Triangle Strategy (digital) | $60 at Amazon

Triangle Strategy (digital) | $60 at Amazon

Take on the role of Serenoa Wolffort as war erupts around the continent. You'll need to employ your followers strategically in battle and the decisions you make in and out of combat will have consequences. It sold over one million copies this year. 

Buy from: Amazon | Best Buy | Walmart

Xenoblade Chronicles 3 | $53 at Amazon

Xenoblade Chronicles 3 | $53 at Amazon

This enormous JRPG takes over 60 hours to beat and follows a fascinating story of six young people as they strive to put an end to the war that's been raging for years. There are secrets to uncover, characters to level up, and large enemies to defeat. It was nominated for Game of the Year at this year's The Game Awards. 

Buy from: Amazon | Best Buy | Walmart


Bayonetta 3 (digital) | $60 at Amazon

Bayonetta 3 (digital) | $60 at Amazon

The sensual witch returns once more to battle titanic forces and save the multiverse from destruction. It's an action-packed adventure with a bit of naughtiness thrown in. It walked away with Best Action Game at The Game Awards this year. 

Buy from: Amazon | Best Buy| Walmart

Teenage Mutant Ninja Turtles: Shredder's Revenge | $35 at Amazon

Teenage Mutant Ninja Turtles: Shredder's Revenge | $35 at Amazon

This fighting game captured the spirit of classic TMNT arcade games while introducing modern animation and new mechanics. Each fighter has different stats and uses different weapons. Plus, up to six people can play on one Switch making it a great co-op game. It sold over one million copies this year. 

Buy from: Amazon | Best Buy | Walmart

Sonic Frontiers | $40 at Amazon

Sonic Frontiers | $40 at Amazon

While going to investigate the mysterious Starfall Islands, Sonic gets separated from Tails and Amy. Now it's up to him to save his friends by exploring each island, solving puzzles, and defeating baddies. It's the best Sonic game to come out in a long time. 

Buy from: Amazon | Best Buy | Walmart

Splatoon 3 | $58 at Amazon

Splatoon 3 | $58 at Amazon

Compete against others online as you work to cover the arena in your team's paint. This game also offers a fully-fledged single-player campaign to play through if you don't want to compete against others. It left The Game Awards 2022 as winner of Best Multiplayer Game. 

Buy from: Amazon | Best Buy | Walmart

LEGO Star Wars: The Skywalker Saga | $30 at Amazon

LEGO Star Wars: The Skywalker Saga | $30 at Amazon

This brand-new LEGO take on the core Star Wars movies is absolutely hilarious and a fun experience for up to two players. Unlock characters from different films and use their powers to reach various areas in the levels. 

Buy from: Amazon | Best Buy | Walmart

Mario + Rabbids Sparks of Hope | $40 at Amazon

Mario + Rabbids Sparks of Hope | $40 at Amazon

Mario, Luigi, Peach, and their Rabbid friends must travel through space to stop an evil force. To do this, they engage in strategic turn-based battles and use their unique skills. It's a very rewarding game for those who like tactical thinking and it walked away with Best SIM/Strategy Game at The Game Awards this year. 

Buy from: Amazon | Best Buy | Walmart

Pokémon Legends: Arceus | $50 at Amazon

Pokémon Legends: Arceus | $50 at Amazon

This adventure differs greatly from other Pokémon games as it introduces FPS-style catching mechanics and stealth to the series while doing away with traditional gym battles. While not visually impressive, gameplay is incredibly fun. It was nominated for Best RPG at The Game Awards. 

Buy from: Amazon | Best Buy | Walmart

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Pokémon Scarlet and Violet | $52 at Amazon

There's been a lot of controversy surrounding these games due to their performance issues, but there's no denying that they changed the direction of Pokémon games for the better. Each game has its own exclusive creatures to catch in an open-world that offers the best plot of any Pokémon game yet. 

Buy Scarlet from: Amazon | Best Buy | Walmart

Buy Violet from: Amazon | Best Buy | Walmart

Happy holidays, everyone!

It's one of the last weeks of 2022, which means it's a good time to reflect back on what happened this year. We've had so many awesome Nintendo Switch games release in the past 12 months and many of them walked away as winners in The Game Awards 2022. Whether you're a long-time Switch owner, just got a new Switch, or upgraded to another model then you really ought to check out any of the games you might not have played yet. 

Until next time.

- Rebecca Spear

Rebecca Spear
Gaming Editor

Gaming aficionado Rebecca Spear is iMore's dedicated gaming editor with a focus on Nintendo Switch and iOS gaming. You’ll never catch her without her Switch or her iPad Air handy. If you’ve got a question about Pokémon, The Legend of Zelda, or just about any other Nintendo series check out her guides to help you out. Rebecca has written thousands of articles in the last six years including hundreds of extensive gaming guides, previews, and reviews for both Switch and Apple Arcade. She also loves checking out new gaming accessories like iPhone controllers and has her ear to the ground when it comes to covering the next big trend.