Poll of the Day > Bethesda Game Studios to face a class action lawsuit regarding Fallout 76.

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WastelandCowboy
11/26/18 11:28:12 PM
#1:


http://www.classlawdc.com/2018/11/26/bethesda-game-studios-deceptive-trade-practices-investigation/

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 games problems. Gamers who have tried to receive a refund because of the games 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 fill out the contact form on this page, send an email to [email protected], or call us at (202) 470-3520.

Committed to Consumer Protection

The lawyers at Migliaccio & Rathod LLP have years of experience in class action litigation against large corporations, including in cases involving unfair and deceptive trade practices. More information about our current cases and investigations is available on our blog.
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WastelandCowboy
11/26/18 11:31:51 PM
#2:


Also explains why they did NOT want to sell it on Steam and force it through their platform.

Steam is a consumers' best friend and would have little problem with refunds.
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LinkPizza
11/26/18 11:32:54 PM
#3:


Does it say you cant receive a refund when you buy games by downloading or whatever. I mean, I understand if its unplayable, but still... I mean, they would still technically have the game, I guess. And they would have to find a way to basically block them. Which I guess they could, like when they ban people from games... IDK...
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WastelandCowboy
11/26/18 11:35:07 PM
#4:


LinkPizza posted...
Does it say you cant receive a refund when you buy games by downloading or whatever. I mean, I understand if its unplayable, but still... I mean, they would still technically have the game, I guess. And they would have to find a way to basically block them. Which I guess they could, like when they ban people from games... IDK...

Yup.

https://twitter.com/DucktorThrax/status/1066827547084767232

Greetings,

Thank you for contacting the Bethesda Support Team.

Customers who have downloaded the game are not eligible for a refund. We apologize for the inconvenience.

If there is anything else we can assist you with please reply to this email for further assistance.

Thank you for your patience.

Kind Regards,

Bethesda Support.


Protip: pretty much any time someone includes "kind regards" in a response, it's pretty much verbatim for "fuck you and goodbye." Not sincerely, take care, best wishes, etc.
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Nade Duck
11/26/18 11:37:25 PM
#5:


why did nobody see this coming? even their good games are fucked up on release.
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LinkPizza
11/26/18 11:38:05 PM
#6:


Nade Duck posted...
why did nobody see this coming? even their good games are fucked up on release.

Maybe some were planning to buy it, and try to get a refund, but keep the game... maybe...
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GanonsSpirit
11/26/18 11:45:58 PM
#7:


Why does anyone still trust Bethesda to release a good product?
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StoneRevolver
11/26/18 11:50:55 PM
#8:


Nothing will come of it.
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papercup
11/26/18 11:53:02 PM
#9:


Don't pre-order games, people. Hopefully Bethesda caves and starts issuing refunds. Fuck 'em.
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wwinterj25
11/27/18 12:02:33 AM
#10:


Why should they give refunds? Folk rushed out and bought it, even made a pre order without doing their research then that's their problem if it goes tits up.
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minervo
11/27/18 12:04:49 AM
#11:


If I bought a sandwich and after I bit into it there was mold, I'd want a refund, personally.
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LinkPizza
11/27/18 12:06:55 AM
#12:


minervo posted...
If I bought a sandwich and after I bit into it there was mold, I'd want a refund, personally.

Did you order it with mold on it? Or did the menu say that it came with mold?
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Doctor Foxx
11/27/18 12:22:38 AM
#13:


LinkPizza posted...
minervo posted...
If I bought a sandwich and after I bit into it there was mold, I'd want a refund, personally.

Did you order it with mold on it? Or did the menu say that it came with mold?

The menu advertised it as mold free
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LinkPizza
11/27/18 12:25:45 AM
#14:


Doctor Foxx posted...
LinkPizza posted...
minervo posted...
If I bought a sandwich and after I bit into it there was mold, I'd want a refund, personally.

Did you order it with mold on it? Or did the menu say that it came with mold?

The menu advertised it as mold free

Well, as long as you didnt eat the whole thing, I would try to get a refund. If you are the whole thing, though, you're out of luck...
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Mead
11/27/18 12:28:41 AM
#15:


Doctor Foxx posted...
LinkPizza posted...
minervo posted...
If I bought a sandwich and after I bit into it there was mold, I'd want a refund, personally.

Did you order it with mold on it? Or did the menu say that it came with mold?

The menu advertised it as mold free


When they announced the game they literally said it would have issues at launch. Then the game launched with issues and everyone lost their minds about it
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Ferarri619
11/27/18 12:33:11 AM
#16:


Oooooooh, I didn't know there was a new drama going on about a shoddy new release. xD
*Gets popcorn*
*Visits Fallout boards on Gamefaqs*
*Searches Youtube rants*
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StoneRevolver
11/27/18 12:34:02 AM
#17:


Mead posted...
Doctor Foxx posted...
LinkPizza posted...
minervo posted...
If I bought a sandwich and after I bit into it there was mold, I'd want a refund, personally.

Did you order it with mold on it? Or did the menu say that it came with mold?

The menu advertised it as mold free


When they announced the game they literally said it would have issues at launch. Then the game launched with issues and everyone lost their minds about it


They wanted so much for it to be something that it isn't that they're blaming bethesda because it didn't meet their expectations. Anyone with any sense could have seen this coming. Players and reviewers alike chose to be ignorant then got upset over it.
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wwinterj25
11/27/18 12:40:44 AM
#18:


StoneRevolver posted...
They wanted so much for it to be something that it isn't that they're blaming bethesda because it didn't meet their expectations.


On that note: Currently some of the KH 3 fanbase have lost their minds because Amazon claimed to have a new trailer and pre order bonus announced during a livestream. These folk built it up in their mind that it would be something worthwhile. Turns out the trailer wasn't new and neither was the pre order item. They are now pissed at Amazon when anyone could tell you all Amazon want is your pre order and who one earth would Amazon have anything of value when it comes to announcements? Logic goes out of the window with some folk it seems.
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FourthDimension
11/27/18 12:45:33 AM
#19:


I have very little sympathy towards Bethesda/Zenimax, as theyve been obnoxiously litigious as of late.
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keyblader1985
11/27/18 12:48:58 AM
#20:


papercup posted...
Don't pre-order games, people.

A lot of the games I buy are localizations, so you know what you're getting.
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TES_Nut
11/27/18 1:25:40 AM
#21:


It's not even that bad. Ffs it's like these people have never played an online game at launch. The existence of patches makes this lawsuit pointless anyway as its evidence of supporting the product.

This is a dream compared to the eso launch or the ffxiv launch. Now those were bad.
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wolfy42
11/27/18 1:40:30 AM
#22:


I certainly wasn't blown away by fallout 76 and count it as a dissapointment, but....it's playable, it's a game, and for the few that can't play it at all, they are working on it.

If it's not playable at all for someone after a few months and their account has never been able to log on at all, then, yeah, I'd offer a refund for that (as long as their equipment is normal and within the specs listed).

Otherwise, just because it's not a great game, you don't get a refund. I woulda gotten a refund for Diablo III if that was the case.
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Kimbos_Egg
11/27/18 2:24:54 AM
#23:


another person files a useless lawsuit that won't go anywhere, and morons post about it like it'd do anything? What a surprise.

Must be why destiny lost activision a shitload of money in a lawsuit! Oh wait
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shadowsword87
11/27/18 2:34:06 AM
#24:


TES_Nut posted...
It's not even that bad. Ffs it's like these people have never played an online game at launch. The existence of patches makes this lawsuit pointless anyway as its evidence of supporting the product.

This is a dream compared to the eso launch or the ffxiv launch. Now those were bad.


Yeah, f*** people who have data-capped internet, they don't deserve to play their game.

It's not hard to imagine someone buying the game, downloading it, and then can't patch the game due to their datacap. But, because in order to install the patch, you need to open the game and see that "oh, I can't download this".
Meaning they can't play it for a f***ing month, which seems fair for a refund. But, their policy is specifically if they even downloaded the game.
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Kyuubi4269
11/27/18 2:50:29 AM
#25:


shadowsword87 posted...

Yeah, f*** people who have data-capped internet, they don't deserve to play their game.

It's not hard to imagine someone buying the game, downloading it, and then can't patch the game due to their datacap. But, because in order to install the patch, you need to open the game and see that "oh, I can't download this".
Meaning they can't play it for a f***ing month, which seems fair for a refund. But, their policy is specifically if they even downloaded the game.

Do they specify the size of the game before you buy? Also, it's up to you to insure you have adequate equipment to play the game.
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Doctor Foxx posted...
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shadowsword87
11/27/18 2:51:09 AM
#26:


Kyuubi4269 posted...
Do they specify the size of the game before you buy? Also, it's up to you to insure you have adequate equipment to play the game.


The base game is given, not the patch.
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dragon504
11/27/18 4:55:29 AM
#27:


You should be able to get a refund for a shitty product.
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Kyuubi4269
11/27/18 4:58:21 AM
#28:


shadowsword87 posted...
Kyuubi4269 posted...
Do they specify the size of the game before you buy? Also, it's up to you to insure you have adequate equipment to play the game.


The base game is given, not the patch.

If the base game outright doesn't work, then standard EU consumer protections guarantee you a refund.
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Doctor Foxx posted...
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EvilMegas
11/27/18 8:00:35 AM
#29:


Why does everyone act like this isn't a Bethesda game? Its gonna have glitches. It's like a game feature on the back of their boxes at this point.
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shadowsword87
11/27/18 8:51:44 AM
#30:


Kyuubi4269 posted...
If the base game outright doesn't work, then standard EU consumer protections guarantee you a refund.


And these people aren't from the EU, that means the only way for them to get their money back is...
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Mead
11/27/18 8:57:12 AM
#31:


I really dig the game but I dont think its unreasonable for people to get a refund if they want it given the bugs and performance issues
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zebatov
11/27/18 10:16:28 AM
#32:


WastelandCowboy posted...
http://www.classlawdc.com/2018/11/26/bethesda-game-studios-deceptive-trade-practices-investigation/

Gamers who have tried to receive a refund because of the games myriad glitches have been unable to do so since they downloaded the game...

And nobody felt bad for them.

I am happy that Bethesda is being sued finally for this bullshit. I am so sick of their glitchy games to the point where I probably won't even pick up ES6. If I do, and there is one single glitch in it seven years in, let alone one, like with Skyrim, I'm calling these guys. Bethesda needs to start caring and I hope this action succeeds.
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Kyuubi4269
11/27/18 10:19:01 AM
#33:


shadowsword87 posted...
Kyuubi4269 posted...
If the base game outright doesn't work, then standard EU consumer protections guarantee you a refund.


And these people aren't from the EU, that means the only way for them to get their money back is...

By retrospectively not living in a third world country. Your money's gone, tough luck kid.
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Doctor Foxx posted...
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_AdjI_
11/27/18 10:33:05 AM
#34:


Kyuubi4269 posted...
Also, it's up to you to insure you have adequate equipment to play the game.


Within reason, but the seller has a responsibility to accurately state system requirements so that customers can tell whether or not their system will be adequate. If the system requirements they list aren't actually the system requirements, then that's blatant false advertising.
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shadowsword87
11/27/18 10:38:13 AM
#35:


Kyuubi4269 posted...
shadowsword87 posted...
Kyuubi4269 posted...
If the base game outright doesn't work, then standard EU consumer protections guarantee you a refund.


And these people aren't from the EU, that means the only way for them to get their money back is...

By retrospectively not living in a third world country. Your money's gone, tough luck kid.


So using the tools provided by the government, for the reason provided by the government, is good or bad?
I don't get your point other than you really wanting to tell everyone you're an asshole.
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OhhhJa
11/27/18 10:39:21 AM
#36:


Why cant Bethesda develop a fully functional game?
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TES_Nut
11/27/18 10:59:56 AM
#37:


shadowsword87 posted...
TES_Nut posted...
It's not even that bad. Ffs it's like these people have never played an online game at launch. The existence of patches makes this lawsuit pointless anyway as its evidence of supporting the product.

This is a dream compared to the eso launch or the ffxiv launch. Now those were bad.


Yeah, f*** people who have data-capped internet, they don't deserve to play their game.

It's not hard to imagine someone buying the game, downloading it, and then can't patch the game due to their datacap. But, because in order to install the patch, you need to open the game and see that "oh, I can't download this".
Meaning they can't play it for a f***ing month, which seems fair for a refund. But, their policy is specifically if they even downloaded the game.


Your shitty internet isn't bethesda's problem.
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Kyuubi4269
11/27/18 11:00:11 AM
#38:


_AdjI_ posted...
Kyuubi4269 posted...
Also, it's up to you to insure you have adequate equipment to play the game.


Within reason, but the seller has a responsibility to accurately state system requirements so that customers can tell whether or not their system will be adequate. If the system requirements they list aren't actually the system requirements, then that's blatant false advertising.

It's the intended requirements, and if it's not met, a recall should be made for a free fix. As it happens, the fix comes in the form of a patch so you don't have to send away your game.
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Doctor Foxx posted...
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Kyuubi4269
11/27/18 11:05:55 AM
#39:


shadowsword87 posted...
So using the tools provided by the government, for the reason provided by the government, is good or bad?

Suing a game company because you don't like their craftsmanship is bad because it's sad and embarrassing.
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Doctor Foxx posted...
The demonizing of soy has a lot to do with xenophobic ideas.
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adjl
11/27/18 11:23:26 AM
#40:


Kyuubi4269 posted...
It's the intended requirements, and if it's not met, a recall should be made for a free fix. As it happens, the fix comes in the form of a patch so you don't have to send away your game.


And if that patch causes the game to exceed the advertised system requirements, it's perfectly reasonable to expect them to issue a refund to those who are no longer able to meet the updated requirements. Furthermore, this is a day 1 patch that is mandatory to make the game playable, not one that was issued later, so it should have been included in the system requirements from day 1, and nobody should have been able to download the game before that change was made.

Quite simply, if a game requires a 100 GB download to run, and the system requirements only say 50 GB, that's false advertising. The publisher is responsible for ensuring system requirements are accurate.

Kyuubi4269 posted...
Suing a game company because you don't like their craftsmanship is bad because it's sad and embarrassing.


Penalizing a company for refusing to issue a refund on a dysfunctional product that they falsely advertised as working is the basic premise of any sort of consumer protection, whether it's in the form of formal laws or in the form of lawsuits and legal precedent. Acting smug because you're protected by European law while looking down on people who have no such laws and instead rely on lawsuits to accomplish exactly the same thing is pretty laughable.
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LinkPizza
11/27/18 11:32:40 AM
#41:


People are talking about data-caps and stuff. But can you even play the games offline?
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helIy
11/27/18 11:32:56 AM
#42:


adj, fallout 76 did not have a day 1 patch.

the people who had to re-download the entire game had to, because the beta client and the full release were treated as separate things, even though the beta version was just literally the full game. so everyone was all, "but I already have it just change the launcher". people buying it now are only downloading the patch released a week later.

also, these people tried doing the same thing to bungie over destiny 2, and they just got laughed at. this is going nowhere. the game works. it has issues that make it stop working for as long as it takes to load I to a new world, but that's the extent of it. everything it was advertised and talked about prior to launch by Bethesda is completely true.

LinkPizza posted...
People are talking about data-caps and stuff. But can you even play the games offline?

no.

talking about data-caps when it comes to an online only game is meaningless and the people doing it are kinda fuckin dumb.
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Kyuubi4269
11/27/18 11:34:21 AM
#43:


adjl posted...
And if that patch causes the game to exceed the advertised system requirements, it's perfectly reasonable to expect them to issue a refund to those who are no longer able to meet the updated requirements.

If I remember correctly, patches correct errors, they are not additive.

adjl posted...
falsely advertised as working

It's assumed functional, not advertised as such, and a free repair was issued.

adjl posted...
Acting smug because you're protected by European law while looking down on people who have no such laws and instead rely on lawsuits to accomplish exactly the same thing is pretty laughable.

Isn't it embarrassing to live in a country that makes you grovel for repairs and lets you throw cash down the drain to be told "the issue has been resolved"?
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adjl
11/27/18 11:36:16 AM
#44:


helIy posted...
adj, fallout 76 did not have a day 1 patch.

the people who had to re-download the entire game had to, because the beta client and the full release were treated as separate things, even though the beta version was just literally the full game. so everyone was all, "but I already have it just change the launcher". people buying it now are only downloading the patch released a week later.


That is slightly different, then. Still, expecting a refund if one is unable to get the patch that makes the game playable is pretty reasonable.
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helIy
11/27/18 11:38:39 AM
#45:


it's really not Bethesdas issue if you're unable to get the patch to play your online-only game, though.

it's your job to understand your own internet limitations.
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adjl
11/27/18 11:44:28 AM
#46:


Kyuubi4269 posted...
If I remember correctly, patches correct errors, they are not additive.


If you have to download them separately, that's additive. The amount of space it takes up on the hard drive is largely irrelevant to that point, especially when we're talking about capped internet connections.

Kyuubi4269 posted...
It's assumed functional, not advertised as such, and a free repair was issued.


But it's not a free repair for anyone with a metered connection. Downloading that patch will cost many people their internet usage for the rest of the month. As they can't fix the problem in those cases, Bethesda can reasonably be expected to recall the dysfunctional product from those customers, which would include issuing a full refund.

Kyuubi4269 posted...
Isn't it embarrassing to live in a country that makes you grovel for repairs and lets you throw cash down the drain to be told "the issue has been resolved"?


You know, you probably would have looked better if you just said "you're right, what I said was stupid," instead of saying a different, equally-stupid thing and trying to pretend the first never happened. Just sayin'.
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adjl
11/27/18 11:45:14 AM
#47:


helIy posted...
it's really not Bethesdas issue if you're unable to get the patch to play your online-only game, though.

it's your job to understand your own internet limitations.


And it's their job to make a functional game, and accurately state the system requirements that will be needed to make it work. A 56 GB patch is well outside the realm of reasonable expectations for game patches, especially when there's virtually no advance notice given for it.
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Ogurisama
11/27/18 11:48:10 AM
#48:


50gigs seems large for just a bug fixs

Reading through this, the beta to live client makes more sense, as they usually are separate things
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LinkPizza
11/27/18 11:50:10 AM
#49:


adjl posted...
helIy posted...
it's really not Bethesdas issue if you're unable to get the patch to play your online-only game, though.

it's your job to understand your own internet limitations.


And it's their job to make a functional game, and accurately state the system requirements that will be needed to make it work.

You could probably expect the usage to be high if youre going to have to be online to play it anyway though, right. I mean, you wouldnt be able to cry about not playing the game because you ran out of data while playing the game, right? I feel your internet limitations are the players fault, tbh...
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Ogurisama
11/27/18 11:52:15 AM
#50:


LinkPizza posted...
You could probably expect the usage to be high if youre going to have to be online to play it anyway though, right. I mean, you wouldnt be able to cry about not playing the game because you ran out of data while playing the game, right? I feel your internet limitations are the players fault, tbh...

Players fault more then Bethesdas fault. Though blame can also be on th ISP over thr player if they dont give other options.
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