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Epic Games Sued For Misleading Young Fortnite Players

Epic Games is in the crosshairs of another class action lawsuit. Dutch consumer group Stichting Massaschade & Consument (SMC) has sued Epic, claiming it misled young Fortnite players.

The lawsuit is seeking over $110 million (€100 million) in damages and refunds. It also demands compensation for collecting children’s personal data without explicit consent from parents.

SMC Is Prepared To Take Epic Games To Court

The latest update on SMC’s claims against Epic came on September 23. The group said it holds Epic Games liable “on behalf of Dutch children and young adults”. They are inviting the company to negotiate a “collective solution.” Should the negotiations not happen or an agreement not be reached, SMC says it will go to court.

“We want Epic Games to ensure that its business practices and design choices do not harm the trust and interests of children and young adults and are fully compliant with consumer protection rules,” the group says.

In a statement first given to GamesIndustry.biz, Epic spokesperson Phil Mahoney said that the company has protections and tools available that allow parents to control how children make purchases. They also allow limits to be set on how long they can play.

“The Fortnite Item Shop does not have a timer, parents can require a PIN to make real money purchases and players under 18 in the Netherlands cannot see or purchase items that are available in the Shop for less than 48 hours,” Mahoney said.

“When a player under 16 in the Netherlands creates an account, it is a Cabined Account where they cannot make real-money purchases until a parent or guardian provides consent. We also offer protections against unwanted purchases, including a two-step confirmation to make a purchase, instant purchase cancellations, self-service returns for Shop purchases, and an explicit choice on whether to save payment information.”

This isn’t the first time Epic Games has been in the sights of those in the Netherlands. In 2024, Dutch regulator ACM fined Epic Games €1.125 million for what it viewed as “unfair commercial practices”.

What do you think of the latest lawsuit filed against Epic Games over Fortnite? Let us know down in the comments and in the official Insider Gaming Discord.


In other news, read about the feeling internally at Xbox amid the layoffs and reorganization. And for even more Insider Gaming delivered directly to your inbox, sign up for our newsletter.

Written by
Mike Straw
Executive Editor

Mike has been covering the gaming industry since 2012, and has reported on some of the largest events in the industry while also working as an investigative reporter. Outside of…

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