A media release from the Australian Competition & Consumer Commission (ACCC) states that game publisher ZeniMax must offer refunds to players who purchased a copy of Bethesda’s problem-riddled Fallout 76.
According to the release, ZeniMax has acknowledged and accepted that they were “likely to have misled consumers about their consumer guarantee rights in relation to the online action game Fallout 76.” Complaints were filed with the ACCC following the disastrous launch and even more calamitous series of consecutive patches that caused more problems than they fixed. These complaints stated that ZeniMax representatives told players they were not entitled to a refund despite all of the faults inherent in Fallout 76, not the least of which were server issues, latency, and graphical/visual problems.
“ZeniMax has acknowledged that they are likely to have misled certain Australian consumers about their rights to a refund when they experienced faults with their Fallout 76 game,” said ACCC Commissioner Sarah Court. “When a consumer buys a product, it comes with automatic consumer guarantees, and retailers must ensure their refunds and returns policies do not misrepresent what the Australian Consumer Law provides.”
“When a consumer has purchased a product that has a fault which amounts to a major failure,” Court concluded, “The Australian Consumer Law provides them with the right to ask for their choice of either a repair, replacement or refund.”
ZeniMax will offer refunds to gamers who contacted them between November 24, 2018 and June 1, 2019 to request a refund and who have not already received one. Those who accept a refund for their purchase of Fallout 76 will also forfeit the right to access or play the game.
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