Fortnite and Epic Games are once again at the center of a legal dispute in Europe. Dutch consumer protection foundation Stichting Massaschade & Consument (SMC) has launched a collective claim against the US publisher, accusing it of using misleading commercial practices and manipulative design techniques targeting children and young adults.
Acting on behalf of Dutch families and players, the organization is seeking more than €100 million in refunds and damages.
In addition to allegations surrounding Fortnite's in-game purchasing mechanics, the claim also includes accusations that Epic collected personal data from minors without the explicit prior consent of their parents or guardians.
SMC Calls for Negotiations Before Taking Epic to Court
SMC says it has formally held Epic Games liable for the alleged harm caused to young Fortnite players in the Netherlands and has invited the company to enter negotiations aimed at reaching a collective settlement.
However, the organization says it is prepared to take the case to court if Epic refuses to negotiate or if the two sides fail to reach an acceptable agreement.
The initiative seeks compensation for people who played Fortnite in the Netherlands before turning 21 and allegedly spent money as a result of purchasing practices SMC considers misleading or manipulative.
The foundation also wants Epic to bring its business practices and interface design into compliance with European consumer protection rules.
This is not the first time Epic Games has faced scrutiny from Dutch regulators.
In 2024, the Netherlands Authority for Consumers and Markets (ACM) fined Epic Games a total of €1.125 million over unfair commercial practices targeting children in Fortnite. The regulator found that children could be pressured into making purchases through practices including direct calls to purchase and misleading countdown timers in the Fortnite Item Shop.
Epic Points to Parental Controls and Cabined Accounts
Epic Games has pushed back against the new allegations.
Phil Mahoney, International Communications Director at Epic Games, said the company provides safeguards and parental control tools that allow parents to manage how their children make purchases and limit the amount of time they spend playing.
Epic also says the Fortnite Item Shop no longer uses countdown timers and that players under 18 in the Netherlands are prevented from viewing or purchasing items that are available for less than 48 hours.
The company additionally points to its Cabined Accounts system, which provides additional protections for younger players.
In the Netherlands, players under the age of 16 are automatically placed into Cabined Accounts when registering. Certain features remain restricted until a parent or guardian provides consent, including the ability to make purchases using real money and access to some social features.
Epic also highlights several safeguards designed to prevent unwanted purchases, including two-factor authentication for transactions, the ability to immediately cancel certain purchases, return eligible Item Shop purchases and explicitly choose whether payment information should be saved.
Fortnite Monetization Faces Continued Scrutiny in Europe
Despite Epic's response, pressure from European regulators and consumer organizations over monetization systems in free-to-play games continues to grow.
SMC alleges that Fortnite used design techniques that placed young players under artificial pressure to spend money, including countdown timers that suggested certain items would soon disappear even when, according to the organization, they remained available afterward.
The organization is seeking refunds for money allegedly spent under such pressure, as well as additional compensation.
The outcome of the dispute could have implications beyond Fortnite. If the case ultimately reaches court, it could become another important test of how European consumer protection rules apply to microtransactions, in-game stores and design practices aimed at younger audiences.
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