Epic Games continues to navigate complex legal waters with its popular battle royale game Fortnite, facing both challenges and opportunities across global markets. The company is simultaneously defending against accusations of manipulative sales tactics while expanding its reach into previously restricted territories.
Parents Sue Epic Over Alleged Manipulative Sales Tactics
Two parents in the United States have filed a lawsuit against Epic Games, claiming the company uses deceptive marketing practices in Fortnite's in-game item shop. At the heart of the complaint are the limited-time sales countdowns that allegedly create artificial scarcity and false urgency among younger players. The lawsuit contends that many items advertised with countdown timers suggesting imminent removal actually remained available at the same discounted prices for extended periods—days or even weeks beyond the displayed deadlines.
The plaintiffs characterize this as an unlawful scheme involving fake sales with made-up expiration times that violate state consumer protection laws. Their legal team points to similar findings by international regulators, specifically citing a €1,125,000 (approximately $1,200,000) fine imposed on Epic by the Netherlands' Authority for Consumers and Markets (ACM) last year for comparable practices.
Epic's Response and Defense Strategy
Epic Games has firmly denied the allegations, stating that the complaint contains factual errors and does not reflect how Fortnite operates. The company highlighted changes already implemented to address potential concerns, including the removal of countdown timers from the Item Shop last year and the addition of multiple purchase protection features.
These protective measures include a hold-to-purchase mechanism, instant purchase cancellations, self-service returns, and explicit consent for saving payment information. Epic also emphasized its parental controls, noting that accounts identified as belonging to users under 13 require parental consent for real-money purchases and offer PIN protection options.
The company has indicated it will fight these claims as the case proceeds through the San Francisco court system. The next significant legal hurdle is whether the judge will grant class action status to the lawsuit, which would substantially expand its scope to potentially include a large portion of Fortnite's player base.
Expanding Territory: Fortnite Returns to iOS in Brazil
While battling legal challenges in some regions, Epic is simultaneously expanding its reach in others. Following a favorable ruling in Brazil that requires Apple to allow sideloading on iOS devices within 90 days, Epic announced plans to bring both its mobile game store and Fortnite to Brazilian iPhone users in July.
This expansion mirrors Epic's earlier move in the European Union, where it reintroduced Fortnite and launched the Epic Games Store on iOS devices in August, following regulatory changes mandated by the EU's Digital Markets Act. The company later expanded to iPad in the EU in September.
Apple has indicated it will appeal the Brazilian ruling, continuing the long-running conflict between the two tech giants over app store policies and payment systems. The Brazilian judge specifically noted that Apple has already complied with similar obligations in other countries without demonstrating significant impact or irreparable harm to its economic model.
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| Epic Games symbolizes its expansion into Brazil as it introduces Fortnite on iOS, navigating legal battles and market challenges |
The Broader Context of Digital Marketplace Litigation
These developments reflect a growing trend of legal challenges against major developers and digital storefronts over in-game purchases and marketplace practices. Similar to the ongoing antitrust lawsuit against Valve regarding Steam, which was upgraded to class action status last year, Epic's legal battles highlight the evolving regulatory landscape for digital entertainment platforms.
As consumers and regulators increasingly scrutinize monetization practices in games, particularly those popular among younger audiences, companies like Epic find themselves navigating a complex patchwork of regional regulations and legal standards. The outcomes of these cases may ultimately reshape how digital marketplaces operate globally, particularly regarding transparency in pricing and sales practices.