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Epic €1.1m fined for breaking EU consumer law in Netherlands

Thick Thighs Save Lives

NeoGAF's Physical Games Advocate Extraordinaire
fortnite-00_WGntAcV.png

The Netherlands Authority for Consumers and Markets has fined Epic Games €1,125,000 for using "unfair commercial practices" aimed at children in Fortnite.

An investigation by the ACM found that the company "exploited [the] vulnerabilities" of children through design choices in its item shop.

This included using demanding phrases such as "get it now" or "buy now" on certain advertisements, which the ACM described as an "illegal aggressive commercial practice." Epic was fined €562,500 for this violation.
The investigation also found that countdown timers were used on some advertisements for items that were still available in the shop even after the countdown ended. The ACM deemed this as a way of exploiting children's fear of missing out from suggesting the scarcity of items that were otherwise still available to purchase. Epic was fined another €562,500 for this violation.

"Traders must take into account the fact that children are more vulnerable to certain commercial practices than regular consumers," the ACM said. "Epic actually exploited these types of vulnerabilities. As such, it failed to observe the required care that can be reasonably expected from traders when dealing with children."
The ACM has given Epic a deadline of June 10, 2024 to address these violations. The games firm has informed the ACM of its intention to implement changes.

Epic has already started by removing countdown timers worldwide, and has added a time indicating when the shop will be refreshed, and a date next to items notifying players when the item will be removed.

It has also made it so that players under 18 in the Netherlands will only see items in the store if they are available for 48 hours or more.
"Businesses that offer products to children have a responsibility to keep in mind that children are particularly sensitive to certain incentives," said ACM board member Cateautje Hijmans van den Bergh. "In Fortnite, children's vulnerabilities were exploited and were thus pressured into making purchases.

"With this decision, we are sending a clear signal: children must be able to play online games without being put under pressure. These practices by Epic erode confidence in the digital economy."
 

geary

Member
An investigation by the ACM found that the company "exploited [the] vulnerabilities" of children through design choices in its item shop]
Not saying that Epic is spotless, but to be fined because parents cant keep their credit card away from their children?

This included using demanding phrases such as "get it now" or "buy now" on certain advertisements, which the ACM described as an "illegal aggressive commercial practice." Epic was fined €562,500 for this violation.
"Buy now" and "Get it now" is now (no pun intended) illegal marketing phrases?
 
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LordCBH

Member
This included using demanding phrases such as "get it now" or "buy now" on certain advertisements, which the ACM described as an "illegal aggressive commercial practice." Epic was fined €562,500 for this violation.

Bruh what? Eric are shitty scumbags but what? That basically outlaws 90% of commercials ever made lol
 

Cyberpunkd

Member
Not saying that Epic is spotless, but to be fined because parents cant keep their credit card away from their children?
Only took three posts for shit takes to start.

I will explain this to you in a simple manner:

In one corner you have a multibillion corporation

In the other corner you have small kids


Every time you think the corporation should be more protected than the kids - you are wrong.

You Got This All Grown Up GIF by Britannia
 

Saber

Member
Not saying that Epic is spotless, but to be fined because parents cant keep their credit card away from their children?


"Buy now" and "Get it now" is now (no pun intended) illegal marketing phrases?

We already have that argument before. It resulted in Battlefront 2 fiasco.
Parents should be responsible to their kids sure, but this doesn't means its a free world where they can employ dirty tatics to catch kids as if its not their responsibility as well and say "hey its your fault for not caring your kids, I'm just a humble drug dealer. Take more care of your kids next time". This is retarded as fuck.
Wheter "buy now" is or not aggressive is an entire different matter. I think kids should be absent of any kind of ad or commercial. From what I remember here in Brazil kids toys and product commercials does not have buy it now and get it now as well. Its just a toy commercial.
 
So if this is breaking EU-law, can we expect bigger fines from more countries separately or will that follow as a shared EU fine and this was just a first step?
 

StereoVsn

Gold Member
Only took three posts for shit takes to start.

I will explain this to you in a simple manner:

In one corner you have a multibillion corporation

In the other corner you have small kids


Every time you think the corporation should be more protected than the kids - you are wrong.

You Got This All Grown Up GIF by Britannia
A8IQV6T.jpeg


Yep, Corpos will protect themselves just fine. Lack of empathy for people vs giant Corps is kind of ridiculous.
 

Skifi28

Member
These fines are always so funny. It's like a regular person being fine a few cents. Wow, that'll show them.
 
Not saying that Epic is spotless, but to be fined because parents cant keep their credit card away from their children?


"Buy now" and "Get it now" is now (no pun intended) illegal marketing phrases?
You fail to see the big picture here so Im guessing you don't have kids.

I've experienced FoFoMo (Fortnite FoMo) with my son because of this. Young kids are easily swayed or influenced and they don't want to be missing out and want the same stuff as their friends.
This happened when he was 10 years old. Because of said BUY NOW etc he came in the room in TOTAL panic. Only 2 days till it's gone dad, I REALLY WANT IT!!!! Almost crying.

The regular stuff? He couldn't care less. I told him NO and he was angry and hated me for DAYS. That's how kids think. Epic had a part in this with their in your face agressive tactics.

Its not about money or parents responsibility. Its Epic creating situations like this and it has to stop.

I as a parent fully back this decision.

Kids should have a good time, not fearing that they'll miss something.

The Buy Now or Limited offer bullshit makes the items in question more shiny to them. Its special because its limited.

Kids don't process stuff like us...
 
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Griffon

Member
Those are known and very common laws in EU.

Adverts there don't have an explicit "BUY IT NOW!" message, in essence they can just tell you the thing exists and its appeal.
 

Luc2010

Member
You fail to see the big picture here so Im guessing you don't have kids.

I've experienced FoFoMo (Fortnite FoMo) with my son because of this. Young kids are easily swayed or influenced and they don't want to be missing out and want the same stuff as their friends.
This happened when he was 10 years old. Because of said BUY NOW etc he came in the room in TOTAL panic. Only 2 days till it's gone dad, I REALLY WANT IT!!!! Almost crying.

The regular stuff? He couldn't care less. I told him NO and he was angry and hated me for DAYS. That's how kids think. Epic had a part in this with their in your face agressive tactics.

Its not about money or parents responsibility. Its Epic creating situations like this and it has to stop.

I as a parent fully back this decision.

Kids should have a good time, not fearing that they'll miss something.

The Buy Now or Limited offer bullshit makes the items in question more shiny to them. Its special because its limited.

Kids don't process stuff like us...
Yep, been here with my son, too! I try to tell him this stuff isn't that important. When Fortnite does eventually go away. He will be left with nothing to show, but memories.
 
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TVexperto

Member
Not saying that Epic is spotless, but to be fined because parents cant keep their credit card away from their children?


"Buy now" and "Get it now" is now (no pun intended) illegal marketing phrases?
seriously?! how is that wrong.. all companies use such call to actions in marketing
 

flipsake

Neo Member
Countries have different advertising standards than the US.

In the UK for example if a store is selling imported goods from the USA, the products will likely have stickers covering up slogans on the box. Things like 'A great source of vitamin C' on a box of Pop-Tarts would be covered. Product placement items getting blurred from broadcast here like the drinks sitting on the tables of American Idol judges. The standards for what can be broadcast during children's programming are also much stricter than commercials broadcast later in the evening.

Good for the Netherlands, I hope they go after others.
 

YCoCg

Member
Not saying that Epic is spotless, but to be fined because parents cant keep their credit card away from their children?


"Buy now" and "Get it now" is now (no pun intended) illegal marketing phrases?
What the fuck?
Bruh what? Eric are shitty scumbags but what? That basically outlaws 90% of commercials ever made lol
It's not "illegal" in a sense but it's forbidden if a product is aimed at Children, Epic now have to prove they aren't targeting children with these messages but we all know Fortnites biggest userbase is kids.
 

rodrigolfp

Haptic Gamepads 4 Life
You fail to see the big picture here so Im guessing you don't have kids.

I've experienced FoFoMo (Fortnite FoMo) with my son because of this. Young kids are easily swayed or influenced and they don't want to be missing out and want the same stuff as their friends.
This happened when he was 10 years old. Because of said BUY NOW etc he came in the room in TOTAL panic. Only 2 days till it's gone dad, I REALLY WANT IT!!!! Almost crying.

The regular stuff? He couldn't care less. I told him NO and he was angry and hated me for DAYS. That's how kids think. Epic had a part in this with their in your face agressive tactics.

Its not about money or parents responsibility. Its Epic creating situations like this and it has to stop.

I as a parent fully back this decision.

Kids should have a good time, not fearing that they'll miss something.

The Buy Now or Limited offer bullshit makes the items in question more shiny to them. Its special because its limited.

Kids don't process stuff like us...
In the other corner you have small kids
Fortnite is for 12+ years old.
 
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Three

Gold Member
Not saying that Epic is spotless, but to be fined because parents cant keep their credit card away from their children?


"Buy now" and "Get it now" is now (no pun intended) illegal marketing phrases?
"get it now" or "buy now" isn't a problem on its own but I think the issue goes back to proving that they tried to falsely make purchase of the item seem urgent or limited:

"The investigation also found that countdown timers were used on some advertisements for items that were still available in the shop even after the countdown ended. The ACM deemed this as a way of exploiting children's fear of missing out from suggesting the scarcity of items that were otherwise still available to purchase."
 
You forget the "small". 12 is old enough to understand "No" to buy Fortnite shit.
So all kids automatically understand stuff when they turn 12? Like switching on the lights?
No they don't. There is still the fear of missing out and kids of all ages and even adults can be sensitive to this.

But that's besides the point. You're moving goalposts.

This is about agressive in your face faux timed exclusivity and how they reel people in. Kids are more subjectable to this but grown ups also have FoMo.

Hell even the national lottery did similar things and grown ups fell for it. The fact that kids are mentioned is that they are the largest group that are sensitive to this. Not the only group.

How many people buy and grind battle passes every month? Yeah that's FoMo in its purest form and its largely adolescents or adults playing these games. (CoD, BF, etc,etc)
 
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jufonuk

not tag worthy
You fail to see the big picture here so Im guessing you don't have kids.

I've experienced FoFoMo (Fortnite FoMo) with my son because of this. Young kids are easily swayed or influenced and they don't want to be missing out and want the same stuff as their friends.
This happened when he was 10 years old. Because of said BUY NOW etc he came in the room in TOTAL panic. Only 2 days till it's gone dad, I REALLY WANT IT!!!! Almost crying.

The regular stuff? He couldn't care less. I told him NO and he was angry and hated me for DAYS. That's how kids think. Epic had a part in this with their in your face agressive tactics.

Its not about money or parents responsibility. Its Epic creating situations like this and it has to stop.

I as a parent fully back this decision.

Kids should have a good time, not fearing that they'll miss something.

The Buy Now or Limited offer bullshit makes the items in question more shiny to them. Its special because its limited.

Kids don't process stuff like us...
This is also why I’ve decided to keep my kids off social media as much as possible. This FoMo and people lying to look richer/fitter etc than they are. We as adults took time to realise and see the BS how can a naive kid ?
 
This is also why I’ve decided to keep my kids off social media as much as possible. This FoMo and people lying to look richer/fitter etc than they are. We as adults took time to realise and see the BS how can a naive kid ?
I will never impose a restriction on them in that regard. The only thing I tought my kids was "You do you". My son only uses FB for memegroups and stupid clips and stuff.

He's now 14 and not phased by any outside influence. My daughter has always been an Anarchist so I never worried about her being sucked into something hip or trendy. :D
 

TheSHEEEP

Gold Member
Not saying that Epic is spotless, but to be fined because parents cant keep their credit card away from their children?
Believe it or not, but parents have lives of their own and can't micromanage every second of their children.
It's either give children access to their own card & money or manually approve every single thing. I get why parents would choose the former - but then companies can exploit it, which this is trying to combat.
 
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Hudo

Member
Sorry but 1.1 million is nothing. If they fine Epic, it should be 10s or 100s of millions, so that it actually hurts a bit.
 

Killjoy-NL

Banned
Weird to see people claim it's the parent's /kids fault, while we often see people complaining about these companies hiring psychologists and whatnot to de research on how to get consumers to spend more and more money.

While I do agree that parents ought to teach their kids to spend their money responsibly (I do the same as a parent), the argument made by ACM is very valid.
 

Nobody_Important

“Aww, it’s so...average,” she said to him in a cold brick of passion
Fine them more. Bankrupt them.


Fortnite is a blight upon the hobby. Bury it.
 
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