Epic Has Not Yet Been Sued in New Dutch Fortnite Mass Claim

Epic Games has not yet been sued in the newly announced Dutch Fortnite mass claim. As of September 25, 2026, Stichting Massaschade & Consument (SMC) says it has sent Epic a notice of liability and invited the company to settlement talks. According to the foundation, it will have a court summons served only if those talks fail to produce a collective solution.

That distinction matters because some coverage describes Epic as already facing a new Dutch lawsuit. The claimant’s own account shows that the proposed collective case has not reached that stage. SMC’s procedural FAQ says service of a summons would begin the collective court procedure.

What has happened so far

SMC says it wants Epic to repay allegedly unwanted Fortnite purchases. It is also seeking damages tied to allegations about addictive game design and privacy violations. These are claims and requested remedies advanced by the foundation, not civil damages findings made by a court. SMC says in its campaign announcement that it is not seeking a ban on Fortnite.

The potential claim follows a separate Dutch consumer-law enforcement case that is already final. On January 14, 2026, the Netherlands Authority for Consumers and Markets (ACM) reported that the Rotterdam District Court had upheld €1.125 million in fines and a binding order imposed on Epic. The regulator says Epic did not pursue a further appeal, making that enforcement outcome final.

According to the ACM’s summary of the decision, the court found that Fortnite’s Item Shop directly encouraged children to make purchases and that Epic breached professional-diligence requirements. The ACM also says Epic did not contest the misleading-timer violation in its court appeal.

Those findings provide important context for SMC’s campaign, but they do not award refunds or compensation to Fortnite players. They also do not establish the foundation’s broader allegations concerning addictive design, privacy violations or civil damages.

Why this mass claim is not yet a lawsuit

SMC is using “mass claim” to describe its campaign, but its FAQ sets out a sequence that starts with a liability notice and consultation. If Epic and SMC reach an agreement, there may be no collective court case. If the talks fail, the foundation says it intends to serve a summons and begin the court procedure.

There would still be hurdles before any player could receive money. SMC says a court would first assess whether the foundation may bring the collective case. Questions about liability, the represented group and any compensation would depend on later decisions or a settlement.

Registering with SMC is therefore not the same as having a court-approved right to compensation. The foundation’s FAQ describes both its proposed participation criteria and the unresolved procedural steps.

Who does SMC propose to represent?

SMC says its proposed group covers people who live in the Netherlands and played Fortnite while under 21 at some point from September 26, 2017, through the date of an eventual court ruling. That is the foundation’s proposed group definition, not a judicial ruling that every person meeting those conditions is entitled to join a case or receive money.

The court has not assessed SMC’s standing or representativeness because the foundation says it has not yet served the summons that would start the collective procedure.

What is SMC asking Epic to pay?

SMC is seeking repayment of what it describes as unwanted transactions, along with damages connected to its allegations about Fortnite’s design and GDPR violations. None of those requested civil remedies has been awarded.

NL Times reports that the refunds and damages sought by the foundation would together exceed €100 million. That figure is SMC’s reported aggregate demand. It is not a fine, settlement, damages award or court-verified calculation of player losses. The available reporting does not explain how the total is divided among refunds, design-related damages and privacy claims.

Epic says the disputed Item Shop timer is gone

Epic disputed the ACM’s factual findings in a May 2024 statement. At that time, the company said it would remove the Fortnite Item Shop timer and prevent under-18 players in the Netherlands from seeing or buying items offered for less than 48 hours. It also pointed to Cabined Accounts, parental PINs, purchase-cancellation tools and return options.

Epic’s May 2024 statement predates SMC’s September 2026 announcement. In a later response supplied to NL Times, an Epic representative said parents can control purchases and play time and that the Item Shop does not have a timer.

The ACM’s January 2026 update says Epic implemented changes and complied with the binding order. Those changes do not determine whether SMC can pursue claims about historical purchases, nor do they resolve the foundation’s separate allegations about privacy and alleged harmful design.

What Fortnite players should watch next

• Settlement talks: Epic and SMC could reach a collective arrangement without a court procedure.
• Service of a summons: If talks fail, SMC says this will be its next step and will begin the collective procedure.
• Standing and scope: A court would need to decide whether SMC may bring the case and whom it may represent.
• Evidence and liability: SMC would need to establish the claims on which it seeks refunds or damages.
• Compensation terms: No payment is guaranteed, and the amount, eligibility rules and method for proving losses remain unresolved.

For now, the accurate description is that SMC has launched a potential Dutch collective claim, sent Epic a liability notice and invited the company to negotiate. The separate ACM enforcement outcome is final, but SMC’s claim for refunds and damages has not yet become a filed court case.