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Deceptive Trade Practices investigation against Bethesda for Fallout 76

RedMercury

RedMercury

Blue Venus
Member
Dec 24, 2017
17,658
Just saw this on the ol' reddit-aroo.

https://www.reddit.com/r/pcgaming/comments/a0loue/bethesda_game_studios_deceptive_trade_practices/

Migliaccio & Rathod LLP is currently investigating Bethesda Game Studios for releasing a heavily-glitched game, Fallout 76, and refusing to issue refunds for PC purchasers of the game who found it to be unplayable because of its technical problems. While minor bugs and glitches are expected with the release of most new games, Fallout 76 launched with a 56GB patch that has proven to be but a starting point for the game's problems. Gamers who have tried to receive a refund because of the game's myriad glitches have been unable to do so since they downloaded the game, leaving them to deal with an unplayable experience until patches bring it back to a playable state.

Have You Tried to Receive a Refund from Your Fallout 76 Purchase?

If so, we would like to speak with you. Please send an email to [[email protected]](mailto:[email protected]) or call us at (202) 470-3520.
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What do you think, good thing? Bad thing? This could potentially lead to a class action if this firm thinks there is any meat on the bone for them.
 
tokkun

tokkun

Member
Oct 27, 2017
5,408
Does the game come with a EULA that makes you waive your right to joining a class action lawsuit? That seems to be pretty common nowadays.
 
Htown

Htown

Member
Oct 25, 2017
11,320
getting a refund for a game with these kinds of technical problems should be basically automatic
 
Tamazoid

Tamazoid

Member
Oct 28, 2017
302
It's a US based firm. Doubt a class action of this nature would progress very far in the States.
 
Jessie

Jessie

Member
Oct 27, 2017
9,921
Stuff like this is just going to convince Bethesda to kill the game instead of saving it
 
OP
OP
RedMercury

RedMercury

Blue Venus
Member
Dec 24, 2017
17,658
https://gamerant.com/battletield-3-1943-ps3-lawsuit/

Here is one time I remember where a class action had a positive effect. EA claimed everyone who bought the Limited Edition of Battlefield 3 for PS3 would get Battlefield 1943 for free, which they went back on. A class action was started and lo and behold everyone got their game. That firm is actually the same firm me and a bunch of other people contacted when we won Vitas from Taco Bell and they refused to honor us winning and tried to say it was a "glitch", we all ended up getting them in the end.
 
ByteSizeRick

ByteSizeRick

Member
Oct 27, 2017
129
Zurick said:
wouldn't hold up in court anyways.
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It probably would.

"In the Federal Arbitration Act, Congress has instructed federal courts to enforce arbitration agreements according to their terms—including terms providing for individualized proceedings." Epic Systems Corp. v Lewis

Additional source - I'm a lawyer (though #TweetsAreNotLegalAdvice and neither are forum posts).
 
BeI

BeI

Member
Dec 9, 2017
5,983
Would there have been any issues if they had just launched on Steam, where refunds are an easy option?
 
AR Starts

AR Starts

Member
Oct 25, 2017
407
While I am happy to have the option for digital refunds I do not expect them. I remember when I bought a game as a kid in the store there never was an option to return it. I'm happy to see refunds become more common.

Conversely with the abundance of reviews, early impressions, and youtube coverage of games I do not understand why anyone would make an uninformed purchase.

The only reason I see for a refund today is when a game doesn't run well on your rig. Again happy to have them but just don't see why so many people buy games without much research.
 
Sei

Sei

Member
Oct 28, 2017
5,713
LA
Proving that the game is broken won't be difficult. But I don't know how far you can get with that legally.
 
Demacabre

Demacabre

Member
Nov 20, 2017
2,058
Yeah... the US is not the bastion of consumer protections even in the best of times. I sincerely hope this sets a precedent for refunds in video games but I am sadly not holding my breath. But... this is also negative PR for a broken released game so... there is that as a victory.
 

Deleted member 18944

User requested account closure
Banned
Oct 27, 2017
6,944
This is pretty nuts actually. I wonder if the outcome will be something shitty or something really big. Hard to tell with these lawsuits. Everyone might get a $5 check in the mail for it.
 
Pagusas

Pagusas

Banned
Oct 25, 2017
2,876
Frisco, Tx
Jessie said:
Stuff like this is just going to convince Bethesda to kill the game instead of saving it
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Good! Set it on fire and burry the remains next to ET the game. Let's hope even the thought of Fallout 76 is poison to them and we never see them try such a horrible concept again. Had this game been 100% bug free it would still be hot garbage.
 
Pyro

Pyro

God help us the mods are making weekend threads
Member
Jul 30, 2018
14,505
United States
Best case scenario is everyone gets a $20 check in the mail (like with PS3/Linux deal) and Bethesda learns to just give refunds easier instead of spending money on lawyers/payout.
 
Coyote Starrk

Coyote Starrk

The Fallen
Oct 30, 2017
53,073
This entire Fallout 76 debacle is a fucking embarrassment for such a great studio.



A complete and total fiasco from start to finish.
 
Viceratops

Viceratops

Banned
Jun 29, 2018
2,570
It is easier to investigate allegedly illegal activity than to accept that you bought a bad game. Good going people.
 
Katarn343

Katarn343

Member
Jan 22, 2018
1,678
México - United States
I just hope this whole mess doesn't impact Starfield or TES VI in any meaningful negative ways. I don't think it will too much financially (who knows?) but I don't know if development will speed up to make up for it and repeat a similar cycle. I still want those games to be good and Bethesda to release proper singleplayer experiences.
 
Tigress

Tigress

Member
Oct 25, 2017
7,155
Washington
Myself said:
From what I hear, that might not be a bad thing.....
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For those of us actually enjoying the game it is. I'd rather they try to fix/save the game then just give up on it.

Derrick01 said:
Like we'll ever be that fortunate.
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You know what does it matter to you if they kill the game? If you haven't bought it then it's no skin off your back you can just ignore it. And if you have bought it wouldn't you rather they fix the game rather than kill it so you at least had something for your money?
 
The Silver

The Silver

Member
Oct 28, 2017
10,722
I view this whole debacle as personal justice for how they got off scot free with Skyrim's PS3 version. I'll never forget.
 
Kindekuma

Kindekuma

Avenger
Oct 25, 2017
4,732
Dennis8K said:
Is Todd Howard going to prison?
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It's the other way around. He's gonna take you to jail if you don't purchase Fallout 76.
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