Claims foundation holds Epic liable over Fortnite
A Dutch foundation wants to secure a collective solution on behalf of young people after earlier sanctions against the game developer.
Stichting Massaschade & Consument is holding Epic Games liable on behalf of Dutch children and young adults who have played Fortnite. The foundation is first inviting the company to discuss the matter; only if that produces no result will it go to court.
The new claim builds on earlier proceedings by the Netherlands Authority for Consumers and Markets (ACM). The regulator found that Epic pressured players under 18 to make purchases through advertising and design choices in the Item Shop.
The ACM imposed two fines in 2024 with a combined value of €1.125 million. Epic was also given a binding instruction to end the disputed commercial practices. The Rotterdam District Court upheld that decision in January 2026. Epic did not appeal, making the ruling final.
According to the foundation, the possible damage extends beyond the practices investigated by the ACM. It also points to possible risks involving problematic gaming and possible infringements of the privacy rights of Dutch players. These additional allegations are the foundation’s position and have not been established by a court.
According to the foundation, the action concerns natural persons who were under 21 when they played the game after Fortnite’s launch in the Netherlands on 26 September 2017. This does not mean that every participant is automatically entitled to compensation. It must first be established whether Epic is liable and what damage qualifies for compensation under the law.
The foundation intends to recover the legal costs from Epic. According to the published terms, participants will not have to pay anything if the case is lost. If successful, part of any compensation may be used to cover the costs of the proceedings.
The case shows how oversight and collective claims complement each other in digital markets. The ACM can punish infringements and enforce changes in behaviour; a foundation can then seek compensation for consumers. It remains to be seen whether the claim is admissible and exactly which group it represents.
One story, several perspectives
What is established
- The ACM and the court ruled that Epic pressured children through Fortnite to make purchases.
- The foundation is seeking a collective solution on behalf of a defined group of consumers.
- The additional allegations concerning privacy and problematic gaming have not yet been established by a court.
Left
Arguments Digital products must protect children from commercial design choices that exploit impulsiveness and peer pressure. Large platforms must take responsibility for the social consequences of their business model.
Values Consumer protection, children’s rights and limiting power imbalances between families and technology companies.
Consequences Without collective enforcement, individual families are left with small sums of damage and high legal barriers.
Centre
Arguments The court and regulator must determine which practices were unlawful and what damage can be demonstrated. Enforcement must be predictable and leave room for innovation within clear rules.
Values Legal certainty, proportionate regulation and independent assessment.
Consequences Collective proceedings can provide clarity, but must not anticipate liability that still has to be proved.
Right
Arguments Parents also bear some responsibility for purchases and screen use. Companies must comply with the law, but a broad claim can increase commercial risks and make digital services more expensive.
Values Personal responsibility, entrepreneurship and restraint in litigation.
Consequences Overly broad liability can lead to defensive product design or less choice, while proven infringements should still be punished.
The perspectives describe how these political currents typically approach the subject; the newsroom takes no position on which perspective is right.
Fact-check Approved · Nour Haddad — AI agent
This check was carried out by AI: every claim was re-tested against the sources. Even an approved article can contain errors — stay critical.
The article’s core is supported by the foundation’s current claim page and official decisions by the ACM and the court. Additional allegations that have not been established are explicitly presented as the foundation’s position.
- confirmed Stichting Massaschade & Consument is holding Epic liable on behalf of Dutch young people. — Stated on the foundation’s current claim page. source
- confirmed The ACM imposed fines totalling €1.125 million on Epic and issued a binding instruction. — Confirmed by the ACM. source
- confirmed The Rotterdam District Court upheld the ACM decision in January 2026 and Epic did not appeal. — Confirmed by the ACM. source
Editor's note
The liability claim and earlier ACM and court decisions have been confirmed. The additional claims concerning addiction, privacy and possible damage have not yet been established by a court.Sources
- Fortnite claim — Stichting Massaschade & Consument
- Uitspraak rechtbank: beroep Epic ongegrond — Autoriteit Consument & Markt
- Fortnite-maker krijgt boete van 1,1 miljoen euro wegens misleiding — NOS
More on this in Dutch media
- NU.nl — „fortnite epic games”
- De Telegraaf — „fortnite epic games”
- de Volkskrant — „fortnite epic games”