The companies' decision to now offer refunds comes after the competition watchdog, the Australian Competition and Consumer Commission (ACCC), received complaints that ZeniMax representatives told consumers that they were not entitled to a refund after they had experienced a variety of faults with the Fallout 76 game, including, in some cases, problems with the servers, lagging, graphic and visual problems.
The ACCC says the companies - who have accepted a court-enforceable undertaking - had accepted that their actions were likely to have contravened the Australian Consumer Law (ACL) and acknowledged they were likely to have misled consumers about their consumer guarantee rights in relation to the online action game Fallout 76.
“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,” ACCC Commissioner Sarah Court said.
“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,” Court said.
“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 has also undertaken to amend its customer service documents and scripts to address the ACCC’s concerns about misrepresentation of the consumer guarantee rights under the ACL.