Epic Games is facing a lawsuit over allegedly deceptive sales tactics in the Fortnite Item Shop. The lawsuit claims that Epic used misleading expiration timers to pressure players into making impulse purchases. The timers would suggest that items were available for a limited time, only for the same items to return to the shop shortly afterward, creating a false sense of urgency driven by fear of missing out. Indeed, some rare cosmetic items, such as the Renegade Raider, become extremely valuable to players based on their scarcity. The plaintiffs contend that Epic is falsely marketing skins as “exclusive” and “limited-time only” to encourage in-game purchases.
The elusive “Renegade Raider” Skin
A study from the Netherlands was cited in the lawsuit to back these claims. The Dutch Authority for Consumers and Markets investigated 60 item sets with a 24-hour countdown and found that half of them stayed available longer than a day, with some lasting an average of 15 days. This led to a €1.1 million fine against Epic in 2024 for “exploiting the vulnerabilities of children.” Epic is appealing the ruling and has already made some changes, including barring kids under 18 from purchasing items available for less than 48 hours.
Regarding the current case, Epic has denied the claims, with a spokesperson stating that the “complaint contains factual errors and does not reflect how Fortnite operates.” The company says it removed the countdown timer from the Item Shop in 2024 and introduced measures to prevent unwanted purchases. These include a hold-to-purchase feature, instant purchase cancellations, self-service returns, and an explicit yes/no choice for saving payment information. Epic also requires parental consent for real money purchases by players under 13, with industry-leading parental controls like PIN-protected purchases.
The plaintiff’s case draws on the North Carolina Unfair and Deceptive Trade Practices Act, the California Consumers Legal Remedies Act, the California False Advertising Law, the California Unfair Competition Law, and the Texas Unfair and Deceptive Practices Act to argue that Epic’s tactics were illegal. One plaintiff is located in Texas, another in California, and Epic Games HQ is in North Carolina. The case is awaiting certification as a class action, which would expand the scope of affected parties who could recover against Epic. If the lawsuit succeeds, it could lead to tighter regulations around in-game monetization and how game companies engage with younger audiences. The case highlights the ongoing tension between profit-driven strategies and player protection, especially when minors are involved.
Sources:
https://www.polygon.com/fortnite/535850/fortnite-epic-games-item-shop-lawsuit
https://www.pcgamer.com/games/battle-royale/parents-are-suing-epic-over-fortnite-item-shop-fomo-timers-they-say-are-inaccurate-and-manipulative/
https://www.msn.com/en-us/money/companies/epic-games-is-being-sued-over-fake-sales-with-made-up-expiration-times/ar-AA1AxE6P
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Hi Kiaan,
Thank you for the interesting read. Limited time items in games has always been an interesting topic especially when many free-to-play games primary source of monetization is cosmetics. As someone has played games with types of limited time cosmetics I have always wondered, when is it illegal for a company to bring back an item that was advertised as limited time. It would be really interesting to see if the courts are willing to layout a specific amounts of time companies have to wait before they reintroduce a limited time item for sale again.
I also find it interesting that Epic Games changes all focus on combatting the issue of the children making impulse purchases because the items are limited time but do little for older players. I believe anyone regardless of age could make a impulse purchase out of the fear of missing out if an item is advertised as limited time, this does not seem like a problem exclusive to children. I hope the courts are strict in there ruling and make companies like Epic Games be more transparent when it comes to limited time items because it is unfair for any consumer to purchase an item advertised as limited time only for it to return shortly after and often times on a discount.