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FaZe Clan Countersues Fortnite Player Tfue for Breach of Contract

August 2, 2019
in Esports
3 min read
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Mentioned in this article

  • FaZe Clan has sued player Turner “Tfue” Tenney in response to his lawsuit filed in May.
  • The team alleges that Tenney has breached his contract, disparaged the team in violation of the contract, and other offenses.
  • Tenney first filed suit against FaZe Clan alleging that he was under an illegal, one-sided contract.

Esports organization FaZe Clan has filed a lawsuit against its Fortnite pro player and streamer Turner “Tfue” Tenney, in response to Tenney’s lawsuit from May. The team alleges breach of contract, amongst other claims.

The suit, filed in the United States District Court Southern District of New York today, lays out many claims. The team alleges that Tenney has earned more than $20M USD to date from streaming and sponsorship deals, while FaZe Clan claims to have only collected $60K from his earnings since joining the team in April 2018. The team intends to collect a share of Tenney’s alleged earnings based on the terms of the original agreement.

FaZe Clan also alleges breach of contract: that Tenney plans to launch his own competing esports organization, and could misuse the company’s purported trade secrets. The suit also claims that Tenney has disparaged the team in violation of his original contract, that his public comments and actions have damaged the team, and that he has been working to convince other FaZe Clan players to breach their own respective contracts.

“FaZe Clan is compelled to bring this litigation because Tenney, a member of FaZe Clan’s Fortnite esports team, has not only betrayed FaZe Clan and his teammates, he has caused them serious damage and stands to do more,” reads the lawsuit, which includes several charts showing the growth of Tenney’s social media reach since he joined the team.

Tenney filed suit against FaZe Clan in May, claiming that the contract he signed with the team in April 2018 was “grossly oppressive, onerous, and one-sided,” according to the suit. In a video statement released shortly thereafter, Tenney claimed that he was being taken advantage of by the team, and encouraged FaZe Clan to make his contract public.

“This is about me and this contract—this contract that I signed when I didn’t know any better,” said Tenney in his YouTube video. “What I’m trying to do here is serve justice to the esports community—to the esports industry. These kids are getting ripped off, they’re getting taken advantage of.”

Since Tenney’s original suit in May, FaZe Clan has repeatedly claimed that it took a much smaller share from Tenney’s earnings than his contract allowed them to, and that the organization attempted to rectify his concerns by offering more favorable contracts. Today’s lawsuit suggests a much more aggressive response to try and reclaim money that FaZe Clan feels it is owed by Tenney, along with damages regarding its breach of contract claims.

Tenney’s suit also claimed that FaZe Clan’s player contracts violate California’s Talent Agencies Act, as the organization acts on his behalf for business opportunities yet does not have what Tenney’s attorney Bryan Freedman of Freedman + Taitelman claimed is a required license. “Though FaZe Clan does not hold the requisite talent agency license,” wrote Freedman, “FaZe Clan continuously and systematically procures and attempts to procure employment and engagements for Tenney as an artist in violation of Labor Code § 1700.5.”

FaZe Clan’s countersuit addresses this complaint by challenging the venue of Tenney’s suit, which was filed in California State Court. According to the team, its original contract with Tenney specified that legal proceedings must take place in New York, and that it fell under the jurisdiction of the state. The team has filed a motion to have Tenney’s suit dismissed due to forum non conveniens, as New York was the agreement’s mandated legal venue.


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