The Australian government has accepted a court-enforceable undertaking from Zenimax after they acknowledged they were likely to have misled consumers about their consumer guarantee rights in relation to the online action game Fallout 76.
ZeniMax was unavailable for comment at the time of publishing.
ZeniMax Media Inc, accepted that their actions were likely to have contravened the Australian Consumer Law.
ZeniMax representatives told customers that they were not entitled to a refund after they had experienced faults with the Fallout 76 game.
“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,” Commissioner Sarah Court said.
ZeniMax will offer to provide refunds to consumers who contacted them between 24 November 2018 and 1 June 2019 to request a refund and have not already received one. Consumers who accept a refund will no longer be entitled to access and play the game.
“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,” Ms 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.”