Bethesda To Face A Class Action Lawsuit For Not Fulfilling Fallout 76 Refunds

Fallout 76

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US-based Migliaccio & Rathod LLP is currently investigating Bethesda’s deceptive trade practices regarding Fallout 76 and the controversy that has shaped around refund demands.

We reported on Sunday, November 25th, that one of many Reddit users posted their experience with the Bethesda Support team and how they denied the refund request after promising to “begin processing the refund” as soon as they can.

Many Fallout 76 players demanding refunds for the game were denied as they downloaded “digital content within the 30-day cancelation period”, so they must “must agree to waive your cancelation rights.”

Migliaccio & Rathod LLP posted

“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.”

The attorney firm is also open to speaking with players who demanded a refund for the online-survival RPG.

“Gamers who have tried to receive a refund because of the game’s 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.”

Things are going awry for Bethesda. First, the horrendous review scores, then the massive drop in price, innumerable complaints and now, a legal battle. Stay with us as we’ll update you the moment the story develops.

Make sure you subscribe to our push-notifications and never miss an update on Fallout 76. Until next time, Happy Gaming!

44 thoughts on “Bethesda To Face A Class Action Lawsuit For Not Fulfilling Fallout 76 Refunds”

      1. Promising refunds and then refusing to do so can be grounds for a breach of contract, not to mention the complete brokenness of the game for many people.

      2. I’m fairly certain that, in the dispute between you, a random forum user, and two college-graduate lawyers, the lawyers probably have more credence.

  1. Elilla Shadowheart

    I’m very happy to hear this, and I sure hope it reaches certification in the US. There needs to be a serious damper on the shady shit going down these days…or…as someone in the other thread on this pointed out, stop pre-ordering, stop buying games from mainstream studios and crash the industry.

    Funny thing, is it looks like Japan might save it again and Nintendo leading the way. Especially after Sony’s pro-censorship stance, which is getting worse by the day. Maybe they could even team up with eastern euro devs to knock something out of the park post-crash.

    1. This isn’t shady. It’s been standard, legal, business practice since digital media started being sold. Before that it was the standard business practice with everything.

      When you buy something with a contract they mention buyer beware a lot. It means they agree to buy it at the price and the state at which it is in. If you can dowbload digital media, they have fullfilled their end of the contract.

      The lawsuit will fail if it’s even allowed to go through because, especially, on digital media, they don’t want a noisey pitchfork and torch weilding angry internet mob of a vocal minority ruining the game for the majority. Which is what is happening.

      1. The game is already ruined for a majority. Multiple Fallout 76 sales records are straight up abysmal. It’s lost a majority of its fans and both the reviews and sales are proof of this. You might enjoy it, but it’s undeniable that the game suffers from a myriad of problems, some of which were known for YEARS, and Bethesda still chose to release a buggy game.

  2. Too many idiots on here

    well, i’ve found the game highly playable, and have enjoyed it for many hours, you people need to calm down, “unplayable” well my game starts and i enjoy it so i guess it’s playable right?

    1. Well, many people are enjoying the game. But the “majority” is facing serious issues. Many loyal and passionate Fallout fans pre-ordered the game for full price and within a month of it’s release, the price has dropped to $39.

      1. No. It’s the opposite. The majority are playing the game. And an angry internet mob is facing issues.

        Get over yourself if you think because Bethesda dropped the price you should get a refund. That’s not how the real world functions and never ever have.

        Maybe understand caveat emptor? That may help. It’s a legal term for buyer beware. Which is stamped all over the legal stuff you agree to on every digital purchase.

        1. Who tf is this “majority” you talk about? It’s certainly not their old fans or else the sales figures would be a lot better.

        2. Probably “Dan Sto.” Dead

          even though they reported a 80% loss in profit compared to there last release… sure.
          there is also this thing called the internet consumer protection act.

      2. Thats a stupid remark. The “price dropped”, prices always drop every single year around this date, its called black friday and cyber monday <.<

        1. If that’s the case, why didn’t Red Dead Redemption II drop in price? It’s been out slightly longer, yet remained full price. Early sales after release are usually a bad sign and the game being on sale a literal week after its release is a terrible sign.

        2. That’s a stupid counter remark. Black Friday and Cyber Monday are days for sales. Not permanent price fixtures.

          Secondly, triple A titles getting a 50% price drop in less than 30 days of release is not common and a sign of bad news.

          History didn’t start 2 years ago m8

    2. Just because you aren’t having problems with it doesn’t mean others aren’t either. The issue with characters getting stuck in infinite loading screens seems fairly common.

      1. I know not a single person with that “bug”. So it’s not fairly common.

        I have legit bugs but it doesn’t stop me from being able to play.

      1. For? Not for an expected refund. It’s not legal to demand a refund of the price. If you think it is may I suggest researching the term caveat emptor.

        1. I suggest researching consumer protection acts. When you buy something that is broken, you are entitled to a refund.

  3. This is why you don’t reduce a game’s price by 33% within a month of release. Everyone who paid full price will ask for a refund, then re-purchase the game at the sale price.

    $20 is $20

  4. None of the bugs make it unplayable. It’s just people that are getting buyer’s remorse or have potatoes for computers.

    I’ve suffered some annoying bugs, none have made it unplayable. I’ve had Dysentary for 4 days. Lost all my Bobby pins. Had ammo disappear at random. Had a day of about 3 crashes.

    None have stopped me from playing the game. It’s not stopping anyone from playing the game. It’s functional and Bethesda is following the law and the terms and conditions on digital content and sales.

    A class action will fail. Just because you want a perfect game at launch and don’t get it doesn’t mean you can expect a refund. There’s the whole caveat emptor that comes with digital content.

    1. You’re making a very generalized statement based on your own experiences, rather than the overall majority. Most likely, Bethesda will settle out of court like most do in the case of a class-action lawsuit. That said, it’s clear that you’re choosing to downplay the various problems you’ve experienced, most likely out of some sense of brand loyalty. Face the facts. Bethesda should not have released Fallout 76 in the state it was released in. When the game suffers from the same glitches as its predecessor, that’s already a bad sign.

    2. If a company sells you a jigsaw puzzle, and half the pieces are missing their pictures, is that just caveat emptor as well?

  5. Welp. This is what happens when the gaming community accepts broken and “wide-reaching” games on release from their favorite IPs.

    Companies get lazy, passion is fizzled and we’re left holding our cocknballs watching as industry keystone’s like Blizzard and Bethesda fall into the crapper.

    The modding community for Bethesda was not a good sign. It was a bad one. While it’s nice to be able to mod games, it only came to existence because people allowed Bethesda room for mistakes and errors; due to the companies size in relation to their game aspirations. It was out of necessity with a cherry on top of adding extra things that are cool.

    Today, it’s ok if they release broken games because ‘well, there will be a mod to fix it’ (the devs and players say in unison).

    Have your cake everyone.

  6. Mitchell Stevens

    The current statement on Bethsda’s store about DIGITAL returns are as followed.

    “Digital Codes and opened CDs and DVDs cannot be returned under any circumstance. No exceptions to this policy unless where prohibited by law.”

    This being the case, Bethesda has every legal right to deny these players of a refund. There is zero terms and foundation for the Class A lawsuit.

    Just thought I would post here, as the article contains a quote from a third party that is untrue.

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