Epic Games Is Being Sued Over “Fake Sales with Made-Up Expiration Times”

Two parents have launched a legal battle against Epic Games, the company behind Fortnite, accusing it of misleading kids with tricks in the game’s Item Shop. Filed on Wednesday in a San Francisco court, the lawsuit claims Epic uses shady practices to push children into spending money. The parents, representing their kids, want the case to become a class action, which could pull in more families if a judge agrees.

The main problem, according to the lawsuit, is the Item Shop’s countdown timers. These clocks suggest that items—like skins or outfits—are only available for a short time, pressuring kids to buy before they disappear. But the complaint says this isn’t true. Products often stay in the shop for days or weeks after the timer hits zero, sometimes at the same “discounted” price.

The lawyers argue this is a scam, breaking state laws in California, North Carolina, and Texas that ban fake sales and misleading ads. They point to research showing these tactics spark “FOMO”—fear of missing out—in young players, making them feel they’ll miss out if they don’t act fast.

The lawsuit mentions a study from the Netherlands to back its claims. The Dutch Authority for Consumers and Markets checked 60 item sets in the Item Shop, each with a 24-hour countdown. Half of them stayed available longer than a day, with some lasting an average of 15 days.

This led to a €1.1 million fine (about $1.2 million) against Epic in 2024 for “exploiting the vulnerabilities of children.” Epic is appealing that ruling and has already made changes, like barring kids under 18 from buying items available for less than 48 hours.

Fortnite’s Item Shop is a big deal for players. Rare items, like the Renegade Raider outfit, drive excitement. “Some items, such as the ultra-rare Renegade Raider outfit, were offered briefly and have not been offered in more than six years,” the lawyers note. That skin, from the game’s first season, became so valuable that people trade Fortnite accounts on a black market—something Epic is fighting in a separate lawsuit.

While Renegade Raider returned in December 2024 for the Fortnite OG season, original owners got a special version to keep its rarity intact. “Others disappear only to reappear weeks later. These offerings and their schedules are subjects of intense interest to Fortnite players,” the complaint adds.

Epic Games isn’t taking this quietly. A spokesperson responded: “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.

This includes a hold-to-purchase mechanic, instant purchase cancellations, self service returns for shop purchases and an explicit yes/no choice to save payment information. When a player creates an Epic account and indicates they are under 13, they are unable to make real money purchases until a parent provides consent.

Once they do, we offer industry leading parental controls including PIN protecting purchases. We will fight these claims.” The company says it updated the Item Shop in 2024 to show exact exit dates for items, not just timers.

The parents’ case pulls from laws like the California Consumers Legal Remedies Act, the Texas Unfair and Deceptive Practices Act, and others, arguing Epic’s tactics are illegal.

“But, when their countdown timers expired, Fortnite’s Item Shop products did not disappear or return to full price. They remained available for purchase, often at the same purportedly discounted rate, for many days or even weeks at a time. This was an unlawful scheme,” the complaint states.

“Fake sales with made-up expiration times are deceptive and illegal under state statutes proscribing unfair and deceptive trade practices, which prohibit misleading advertisements concerning the reasons for or existence of price reductions and representing that items have characteristics or qualities they do not have. Numerous courts have found that fake countdown timers like Epic’s run afoul of these and similar prohibitions.”

Now, it’s up to the court. If the judge greenlights class action status, this could grow into a much bigger fight. For Epic, it’s another headache alongside its appeal in the Netherlands and its crackdown on account thieves. The battle over Fortnite’s Item Shop is just heating up.