Dutch Consumer Group Sues Epic Games for €100M Over Misleading Fortnite Practices

The Dutch consumer group Stichting Massaschade & Consument (SMC) has filed a class action lawsuit against Epic Games, representing Dutch Fortnite players who were under 21 when they played. The suit alleges the company deliberately misled young players and seeks over €100 million in refunds and damages, plus compensation for collecting children's personal data without parental consent.

SMC's claims follow a 2024 fine imposed by the Netherlands Authority for Consumers and Markets (ACM), which found Epic guilty of "unfair commercial practices." A Rotterdam court upheld the fine in January 2026. The ACM identified two specific violations: Epic used phrases like "get it now" and "buy now" in its item shop, and employed countdown timers that falsely suggested items would become unavailable after expiration.

Research cited by SMC surveyed over 1,000 Dutch teenagers aged 16 to 19 who purchased in-game currency. The survey found that six in ten buyers reported V-Bucks did not feel like real money, and half said they regretted purchases made under time pressure.

Lucia Melcherts, chair of SMC, stated: "Epic deliberately designed the game to pressure players into buying. Young consumers are supposed to be protected from exactly that. The bill belongs with the company that made the game, not with the players or their parents." She added: "We aren't asking for Fortnite to be banned. But a Dutch regulator found that Epic broke the rules, and a court has confirmed it. The logical next step is for Epic to pay players back."

SMC served Epic with formal notice of liability and offered to negotiate a settlement. If negotiations fail, the group will proceed to court.

Epic Games responded with a statement to GamesIndustry.biz outlining its existing protections. The company said: "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." Epic noted that players under 16 in the Netherlands must have parental or guardian consent to make real-money purchases on a Cabined Account, and that the company offers two-step purchase confirmation, instant cancellations, self-service returns, and the option not to save payment information.

This is not the first enforcement action against Epic in the Netherlands. The 2024 ACM fine totaled €1,125,000, split between the two violations. SMC has also filed a separate collective lawsuit against Sony in 2025, alleging the company exploited its dominant market position, claiming at least 1.7 million Dutch PlayStation owners overpaid for digital games.