Epic Games, the creator of the globally popular battle royale game Fortnite, is facing legal trouble over allegations of deceptive practices in its in-game Item Shop. A class action lawsuit has been filed against the gaming giant in a San Francisco court, accusing it of manipulating players, especially minors – through misleading countdown timers and false scarcity tactics.
How Fortnite’s Item Shop Triggers FOMO Among the Players
The lawsuit, filed by two parents on behalf of their children, claims that Epic Games uses “the illusion of scarcity” to create a sense of urgency among players. The Fortnite Item Shop features limited-time offers, with countdown timers suggesting that certain skins or items will disappear once the timer runs out. However, the lawsuit argues that in many cases, items do not actually vanish or return to full price as implied. Instead, they often remain available for days or even weeks, leading players (especially young ones) to make impulsive purchases based on misleading information.
This fear of missing out (FOMO) is a powerful psychological tool often used in marketing, but the lawsuit contends that Fortnite has taken it too far. Parents claim that their children have been pressured into making purchases they would not have otherwise made, believing that the items would no longer be available.
Past Allegations Against Fortnite’s Item Shop
This is not the first time Epic Games has been scrutinized for its in-game sales tactics. In 2024, the Netherlands Authority for Consumers and Markets fined the company €1.1 million (approximately $1.2 million) for misleading countdown timers in the Fortnite Item Shop. Following this, Epic Games removed countdown timers and introduced new features to prevent unintended purchases, including a hold-to-purchase mechanic, instant cancellations, and parental controls.
Despite these changes, the latest lawsuit argues that the fundamental issue remains. Some items, such as the ultra-rare Renegade Raider outfit, have been unavailable for years, while others disappear briefly only to return later. The unpredictability of item availability continues to fuel impulsive buying behavior among players.
However Epic Games has strongly denied the allegations, stating that the lawsuit contains “factual errors” and does not accurately represent how Fortnite operates. The company has reiterated that it offers industry-leading parental controls, including PIN-protected purchases, and does not save payment information without explicit consent.
The case is now in the hands of the court, which will decide whether it can proceed as a class action lawsuit. If it moves forward, it could have significant implications for how gaming companies design and market in-game purchases.
