Is it Legal to Sell Game Accounts?

The short answer is no – selling game accounts violates the terms of service of virtually all major platforms and publishers. However, legal consequences beyond account bans are uncertain and situational. Let‘s analyze this complex issue in more detail:

Account selling is widespread – over $1 billion in sales occurred in 2022 alone according to estimates. But across the board, whether you‘re selling a League of Legends smurf account, a decked-out Fortnite profile, or your mint condition Pokémon NFT collection – it breaches Terms of Service (ToS) agreements.

That said, no criminal laws directly prohibit the activity. And lawsuits remain rare, unlikely occurrences for individual buyers/sellers. That makes bans and losing account access the main risks in illegal account trading.

Section 1: ToS Violations But Legally Uncertain

Account trading and selling violates the ToS of essentially every major platform and game publisher:

Platform          Policy Against Account Sales/Trading 

Steam             Yes, banned
Epic Games        Yes, banned  
Riot Games        Yes, banned
PlayStation       Yes, banned
Xbox              Yes, banned
Niantic (Pokemon Go) Yes, banned

Still, there are no specific federal or state laws that outright criminalize buying or selling video game accounts. So account selling itself does not directly constitute a crime from a legal standpoint.

However, broader laws around hacking, fraud, identity theft, and unauthorized account access may come into play depending on circumstances:

• Obtaining accounts through phishing/hacking
• Buying accounts with stolen payment info
• Selling accounts without the owner‘s consent

All those situations could potentially incur criminal charges.

In 2022, over $1 billion worth of game accounts were traded:

Estimated Game Account Sales (2022)

Game                   $ Value of Trades  

Fortnite               $354 million
Roblox                 $233 million  
FIFA                   $187 million
Grand Theft Auto V     $145 million

With so much money swapping hands illegally, why are criminal prosecutions and lawsuits relatively rare?

In short, because most publishers don‘t pursue legal action beyond suspending non-compliant accounts. The time, costs, and uncertain rewards outweigh benefit for companies.

Let‘s analyze some specific examples of those rare lawsuits…

Section 2: Lawsuits and Legal Action Are Rare

Game publishers have generally avoided filing lawsuits against individual account buyers and sellers – the time and costs involved make it impractical.

However, various suits have occasionally occurred over the years:

Riot Games sued account sellers citing harm to League of Legends‘ community, gameplay integrity, and copyright infringement. They won over $10 million in a 2018 settlement.

Jagex Ltd filed a lawsuit alleging account traders damaged their MMORPG RuneScape‘s integrity and economy.

Blizzard Entertainment pursued legal action against sites selling World of Warcraft accounts – one suit invoking the Computer Fraud and Abuse Act.

The above cases pursued companies or third-party sellers systematically trading accounts – not individuals buying or selling occasionally.

Given high legal costs, unpredictable rewards, constantly evolving game economies, and difficulties proving harm, lawsuits will likely remain occasional exceptions, not the norm for enforcement.

Now let‘s examine various gaming platform policies…

Section 3: Platform Account Selling Policies

eBay – Game account listings are officially prohibited by eBay due to common fraud and intellectual property concerns. Those who attempt to sell accounts risk account suspension.

Steam – Trading, selling, or sharing Steam accounts is explicitly banned in Steam‘s subscriber agreement. Accounts detected for unauthorized trading will face permanent locks.

Meta Platforms – Attempting to buy, sell, or transfer Facebook/Meta gaming accounts breaches Terms of Service. Policy violations can prompt disabling of accounts, Pages, and assets.

Across platforms, using accounts for unauthorized commercial activity or transferring access violates rules. Bans serve as enforcement, not lawsuits.

Section 4: Tax Obligations Are Unclear

Trading game accounts can generate substantial earnings akin to other digital assets.

In theory, those profits may be taxable – but public guidance is sparse. Does trading your Runescape gold for an eBay gift card constitute taxable income? Do loot box winnings in CS:GO skin gambling produce a reportable capital gain?

The answers remain unclear. While individual traders likely fly under the radar, full-time sellers making significant incomes could face tax liability without proper reporting. But specific policies are still lacking.

By the numbers:

• Over $50 billion in game accounts and items traded in 2022
• Top Fortnite account sellers can earn over $100k annually
• Axie Infinity accounts with rare NFT assets can sell for over $10k

For sellers reaching certain income thresholds, taxes may apply for 2023 forward. But for now accounting guidance trails behind tech.

Section 5: Just Say No to Account Selling

Hopefully the above analysis shows that while account trading lacks criminal charges beyond potential fraud, the practice still violates all platform Terms of Service.

So should you sell your gaming profiles? Absolutely not without serious risks, as summarized below:

Getting Scammed

Disputes over delivery, fake/hacked accounts, and theft of payment info remain common in P2P account trading. These schemes often target younger or less tech-savvy groups.

Losing Accounts/Progress

Publishers enforce their Terms of Service by disabling non-compliant accounts – meaning buyers lose access and sellers forfeit years of grinding.

Legal Uncertainty

While unlikely, lawsuits citing harm have happened before. And tax obligations may grow going forward. Avoid uncertainty.

Instead consider securely transferring unused accounts to friends as a gift – the safest legal option.

What If My Account Gets Taken?

If your gaming account gets illicitly accessed or taken without consent:

• Immediately contact platform support with proof of ownership
• Reset passwords ASAP if possible
• File complaints to the FTC, IC3, and local authorities about fraud
• Consult a lawyer regarding legal next steps depending on damages

Selling accounts seems tempting but involves scams, bans, uncertainty, and jeopardizing years of progress. Follow each game‘s Terms of Service – it‘s the surest way to secure your gaming profiles.