A Dutch consumer group has launched a class action against Epic Games, alleging that Fortnite misled young players into purchases they would not otherwise have made.
Stichting Massaschade & Consument (SMC), a Netherlands-based foundation that brings collective legal claims on behalf of consumers, is seeking more than €100m in refunds and damages, as first
The foundation represents people who played Fortnite in the Netherlands while under the age of 21. Alongside refunds for unwanted purchases, it wants compensation for what it described as the game’s addictive design. It is also seeking compensation for the collection of children’s personal data without parental consent.
On September 23rd, SMC formally held Epic liable and invited the Fortnite developer to negotiate a collective settlement. If talks don’t take place or fail to produce a result, the foundation said it would take the case to court.
What is SMC claiming?
SMC’s case builds on an earlier decision from the Netherlands Authority for Consumers and Markets (ACM), the country’s consumer watchdog. In 2024, the ACM fined Epic €1.13m after finding that the Fortnite Item Shop used misleading and aggressive sales tactics aimed at children.
The fine was split into two equal parts. The first covered in-game adverts using phrases such as ‘buy now’ and ‘get it now’, which the regulator said directly urged children to spend money. The second covered countdown timers that, according to the ACM, wrongly suggested items would leave the shop once the clock ran out.
Epic challenged the decision, but the Rotterdam District Court upheld the fines in January. According to SMC, Epic chose not to appeal any further, which made the ACM’s decision final.
SMC’s claim also goes beyond purchases. The foundation alleged that Fortnite is designed to keep young players coming back every day, which it said puts them at risk of gaming addiction. It also claimed Epic failed to verify players’ ages or obtain parental consent, and switched voice and text chat on by default for children and teenagers. SMC argued this left young players exposed to bullying and harassment from strangers. It is seeking separate compensation under the General Data Protection Regulation (GDPR), the EU’s data privacy law.
The foundation also cited research involving more than 1,000 Dutch teenagers aged 16 to 19. Among those who had bought in-game currencies such as V-Bucks (Fortnite’s premium currency), six in ten said the spending didn’t feel like real money. Half said they had regretted a purchase made under time pressure.
Lucia Melcherts, Chair of SMC, said the group was not trying to get Fortnite banned. She argued that a Dutch regulator had found Epic broke the rules and a court had confirmed that finding, so Epic should now pay players back. Melcherts also claimed Epic intentionally built the game to pressure players into spending. In her view, the cost should fall on the company rather than on players or their parents.
On its campaign page, SMC stated that ‘misleading young people should not pay off’.
Epic Games responds
In a statement to GamesIndustry.biz, Phil Mahoney, Spokesperson for Epic Games, said the company provides parents with tools to control how their children make purchases and to limit how long they can play.
Mahoney claimed the Fortnite Item Shop does not have a timer. He said parents can require a PIN for real-money purchases, and that players under 18 in the Netherlands cannot see or buy items that are available in the shop for less than 48 hours.
According to Epic, players under 16 in the Netherlands receive a ‘Cabined Account’ when they sign up. This blocks real-money purchases until a parent or guardian gives consent. The company also pointed to a two-step purchase confirmation, instant purchase cancellations, self-service returns for Item Shop purchases and an explicit choice over whether payment details are saved.
Epic’s previous settlements in the US
Epic has faced similar action in the US. The company previously agreed to a $245m settlement with the Federal Trade Commission (FTC), the country’s consumer protection agency, over claims that Fortnite’s design pushed players into unwanted transactions.
Epic also settled with the FTC for $275m over violations of children’s privacy rights, including concerns that Fortnite’s voice channels exposed children to bullying. On March 5th 2025, parents in the US also took legal action on behalf of their children over Item Shop countdown timers and discounts that they alleged were fake.
