Dutch group SMC sues Epic Games for over €100 million
Dutch consumer group Stichting Massaschade & Consument has filed a class action lawsuit against Epic Games, seeking over €100 million in compensation.
Stichting Massaschade & Consument (SMC) has filed a class action lawsuit against Epic Games on behalf of Dutch Fortnite players under 21. The Dutch consumer group is seeking more than €100 million in refunds and damages, alleging the game's monetization and collection of children's personal data were misleading.
Claims and demands
SMC alleges Epic collected children's data without parental consent and misled young players about in-game currency. The case cites research by SMC showing V-Bucks spending blurs the line between in-game currency and real money for teens. The group served Epic with a formal notice of liability and offered to negotiate a settlement. If negotiations fail, SMC will proceed to court.
Regulatory background
The lawsuit builds on prior regulatory action. In 2024, the Netherlands' consumer regulator (ACM) fined Epic Games €1,125,000 over item shop design. A Rotterdam court upheld that fine in January 2026. The ACM cited unfair commercial practices through design choices that exploited the vulnerabilities of children.
Specific design criticisms
The 2024 ACM penalties were split between two specific design features.
| Fine | Reason |
|---|---|
| €562,500 | For using phrases such as 'get it now' and 'buy now' in its item shop. |
| €562,500 | For using countdown timers that falsely suggested items would become unavailable after the timer expired. |
Player perception and Epic's response
Research cited by SMC surveyed more than 1,000 Dutch teenagers aged 16 to 19. Among surveyed teenagers, six in 10 buyers of currencies such as V-Bucks said it didn't feel like real money. Half said they had regretted a purchase made under time pressure.
Epic states it already offers protections and tools for parents. It says parents can require a PIN to make real money purchases and can control play time limits. Players under 18 in the Netherlands cannot see or purchase items available in the Shop for less than 48 hours. When a player under 16 in the Netherlands creates an account, it is a Cabined Account where they cannot make real-money purchases until parental consent is given. Epic also states it offers protections against unwanted purchases including two-step confirmation, instant purchase cancellations, self-service returns, and explicit choice on saving payment information.
Lucia Melcherts is chair of SMC. The group also filed a collective lawsuit against Sony in 2025, alleging the company exploited its dominant market position and claimed at least 1.7 million PlayStation owners in the Netherlands overpaid for digital games. SMC says it is open to settlement talks before taking the Fortnite case to court.
