By Sagar V. Mankar 
Two parents have filed a lawsuit against Epic Games, claiming the company uses deceptive practices in Fortnite’s Item Shop that target children. The proposed class action lawsuit was filed in a San Francisco court on Wednesday.
The lawsuit focuses on how Fortnite’s Item Shop creates what the plaintiffs call “the illusion of scarcity” through its countdown timers. According to the complaint reviewed by Polygon, these timers are designed to trigger FOMO (fear of missing out) in young players, pushing them to make purchases they might not otherwise make.
The parents claim that when these countdown timers reached zero, items often didn’t disappear or return to full price as players might expect. Instead, many items remained available for many days or even weeks at a time at the same discounted rate. The lawsuit argues this practice violates various state laws against deceptive trade practices.
“Fake sales with made-up expiration times are deceptive and illegal under state statutes,” the complaint states. The plaintiffs cite similar findings from the Netherlands Authority for Consumers and Markets, which fined Epic Games approximately $1.2 million in 2024 for “misleading countdown timers” and features that “exploited the vulnerabilities of children.”
Epic Games was sued in a false advertising class action today for using fake countdown timers in the Fortnite Item Shop: pic.twitter.com/QM23MHHQMS
— Rob Freund (@RobertFreundLaw) March 6, 2025
Epic Games has firmly denied these allegations. In a statement to Polygon, the company said: “This complaint contains factual errors and does not reflect how Fortnite operates. Last year we removed the countdown timer in the Item Shop and we offer protections against unwanted purchases.”
The company points to several safeguards already in place, including a hold-to-purchase feature, instant purchase cancellations, self-service returns, and parental controls for younger players. Epic noted that players under 13 cannot make real money purchases without parental consent, and parents can set up PIN protection for purchases.
This isn’t Epic’s first legal battle over its Item Shop. The company is currently appealing the Netherlands fine while making changes to how items are displayed in the shop. According to this case, Epic has already altered how the shop timer is displayed and added information about when items will leave the shop.
The rarity of certain Fortnite items plays a significant role in the case. Some skins, like the “Renegade Raider” outfit mentioned in the lawsuit, have become extremely valuable due to their limited availability. This scarcity has even created a black market for accounts with rare items, which Epic Games has separately taken legal action against.
The lawsuit cites violations of consumer protection laws in North Carolina (where Epic Games is headquartered), California, and Texas (where the plaintiffs reside). A judge will now determine whether the case can proceed as a class action, which would potentially allow many more affected parents to join.
Epic Games has vowed to “fight these claims,” maintaining that they provide industry-leading parental controls and that the lawsuit misrepresents how their game actually works.