Fallout 76 Refunds Ordered By ACCC

fallout 76 refund australia accc

The Australian Competition and Consumer Commission (ACCC) has issued a court enforceable order that will allow some Fallout 76 customers to receive refunds.

The consumer watchdog made this announcement off the back of Bethesda's parent company, ZeniMax Media, admitting to misleading customers about their consumer rights.

Some customers complained to the ACCC after being told by ZeniMax representatives that they weren't entitled to a refund, despite experiencing faults with the game.

Some of the reported problems included server issues, lag and various graphic and visual problems.

Bug-Riddled Update Shows Why Fallout 76 Needs A Public Test Server

This week marks eight months since Fallout 76 released as a buggy mess. Since then, Bethesda’s online survival game has improved a lot. But while it has had a lot of good days, the arrival of patch number 11 yesterday was not one of them. Instead, it’s renewed players’ calls for Bethesda to try updates out on a public test server before dropping them into the main game.

Read more

ZeniMax's undertaking from the ACC states that customer support representatives and some online documents implied to Fallout 76 customers that Australians had no right to a refund if they purchased the game from the Bethesda Store or through a third party retailer.

"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.

Ms Court went on to state that retailers need to make sure that their refunds and returns policies are aligned with Australian consumer law.

"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."

ZeniMax will now offer refunds to customers who contacted them about Fallout 76 issues between 24 November 2018 and 1 June 2019. Anyone who accepts this refund will no longer have access to the game.

Issues with the game have been reported widely ever since its release in 2018, from a bug that deleted the entire 50GB beta, to another that allowed players to see other people's support tickets.

Patch 11, which arrived in July 2019 was also riddled with bugs, which renewed calls for a public test server for the game.

Kotaku Australia has reached out to ZeniMax Australia for comment and will update this story if we hear back.

[ACCC]


Comments

    free SELF HOSTED PRIVATE SERVERS
    free SDK MODDING KIT

    THAT is the only way Bethesda has a chance of fixing this steaming shitpile! THE ONLY WAY!
    Todd has his head so far up his own arse unfortunately and doesn't see the obvious!

    The collectors edition apparently can be refunded too due to toxic mould in the cloth on the helmet lol

      Actually the collectors edition helmet was fine, it was a separate one that was infused with the dank, dark post apocalyptic mold :D

      Isn't that only for the Nuka Cola version of the T-51 Power Armour helmet (which was a US release only)?

        Yeah the Nuka Cola helmet. Clearly the actions of Chinese communist infiltrators trying to make the great and wonderful Nuka Cola corporation look bad

    Called EB Games about the refund, they are aware of it and will have a statement for customers soon.

    Is this digital only or can i take my physical copy back to EB for a refund?

      ZeniMax will now offer refunds to customers who contacted them about Fallout 76 issues between 24 November 2018 and 1 June 2019.

      Sounds like you're out of luck, unless you contacted Zenimax (Bethesda.net) for some reason to request a refund for something you didn't buy from Bethesda.net.

      You can take it back to where ever you bought it from according to Australian consumer law if it isn't fit for purpose. Lots of shops try the old 'take it up with the manufacturer' thing and if they are willing to profit from it (ie. retail it), they have accept refunding it too. AND you are entitled to a CASH refund, NOT store credit as they also always try to get you to accept. Australian consumer law is actually pretty kick ass compared to most other countries.

        Correct. Under Australian Consumer law your transaction is with the vendor, not the manufacturer (publisher in this case). All refunds etc are the vendor's problem. If they kick up a fuss talk directly to consumer protection in your state. In WA (the only one I can comment on) Consumer Protection is pretty rabid, and loves nothing more than tearing strips off people trying to rip you off or ignore their responsibilities.

      It's possible, as @wazowski says the law is on your side but you would have to make a solid case.

      Even though the investigation relates to misleading consumers about their rights to a refund, the statement about honouring refund requests for products having a fault amounting to a major failure is pretty damning.

      While you may not have requested a refund, if you purchased the game within that window I would argue that the statement and findings indicate the game was sufficiently faulty during that period and therefore confirm there's grounds for a refund under consumer rights in Australia.

    I must have been one of the few that had little to no issues from day 1 with the game on PC. Easily got my moneys worth and then some.

      i had no issues with it, only started getting them after the 2nd patch.

      I've been playing it the last week or so after not touching it since December and it's a lot more stable. No disconnects in a week of play for me which was better than the ever 4-5 hours before

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