Bethesda parent company ZeniMax has admitted it was “likely to have misled” Australian Fallout 76 purchasers about their consumer rights after initially denying refund requests from players unhappy with the game’s early performance.
This admission comes via the Australian Competition and Consumer Commission in a document that notes ZeniMax customer service and support documents misled purchasers about their ability to seek a refund, a right promised under Australian Consumer Law.
Players that were denied refunds between Nov 24, 2018 and June 1, 2019 can now reach out to receive their money back, in exchange for giving up access to the online game.
ZeniMax is also on the hook to revise its Australian support documents to avoid misleading future customers and must commit to implementing an Australian Consumer Law compliance program.
According to the ACCC, players that reached out to ZeniMax complaining of graphic and visual problems, server issues, and lagging were told they weren’t entitled to a refund, a claim that runs contrary to Australian consumer protections.
“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,” said ACCC commissioner Sarah Court. “When a consumer has purchased a product that has a fault which amounts to a major failure, the Australian Consumer Law provides them with the right to ask for their choice of either a repair, replacement or refund.”