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PlayStation Hit With $2.4 Million Fine Over Refund Policy In Australia

The Federal Court in Australia has hit Sony with a fine for "making false or misleading representations" and refusing refunds to customers.

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Sony Europe--of which Sony Australia is a branch--has today faced charges from the Australian Competition And Consumer Commission (ACCC) for misleading customers about their consumer rights. The Federal Court of Australia has hit Sony with $3.5 million AU (about $2.4 million US) in penalty charges "making false and misleading representations on its website and in dealings with Australian consumers about their Australian Consumer Law (ACL) rights."

The court found that Sony Europe had misled four customers after they purchased games described as "faulty" through the PlayStation Network. Sony informed customers that they were not entitled to a refund if the game had been downloaded, or if 14 days has passed since purchase, which is not in line with Australian consumer laws.

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Proceedings for this case began one year ago, and there's precedent for similar cases in Australia, such as the 2014 case against Valve.

In a statement, ACCC chair Rod Sims asserted that Sony gave customers false advice. “Consumer guarantee rights do not expire after a digital product has been downloaded and certainly do not disappear after 14 days or any other arbitrary date claimed by a game store or developer,” he said. "Consumers who buy digital products online have exactly the same rights as they would if they made the purchase at a physical store."

Furthermore, Sony Europe is said to have breached Australian law by telling one customer that only the game's developer could authorize a refund, and another that they were only entitled to a refund in the form of digital store credit. "Refunds under the consumer guarantees must also be given in cash or money transfer if the consumer originally paid in one of those ways, unless the consumer chooses to receive store credit," Sims stated.

The game or games are not specified. In May, the ACCC ordered Australian retailer EB Games to refund customers who had purchased Fallout 76 at launch and then found themselves unable to return it--it is unclear if the two cases are related.

Sony Europe will be made to pay some of the ACCC's legal costs as part of the charges.

Sony is set to reveal the PlayStation 5 soon, but the reveal scheduled for this week has been delayed following the death of George Floyd. A new announcement date has not been revealed yet, but we expect to hear news about first-party games as well as the hardware itself.

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johnrare

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yes........

how to say it?

company needs to hold accountable for breaching the contract not just for the consumer but the company itself

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DEVILTAZ35

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Edited By DEVILTAZ35

This on top of EB games offering refunds for Fallout 76 to Aussies back in March after initially refusing to do so lol.

The ACCC are actually being useful lately.

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Avatar image for gamerbum
GamerBum

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Ozzie ozzie ozzie

Oi oi oi

Good on ya Ozzie

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DEVILTAZ35

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@gamerbum: lol it was only 5 people the whole lawsuit was over too.

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Shinnok789

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2,4mil $ ... laughable... that's like fining a millionaire with 100$ for parking in the middle of the street and blocking the public transportation... yes, that'l teach him! He certainly won't do it again!

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jenovaschilld

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@Shinnok789: It is a fine with an injunction. So.. yeah for consumers.

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DEVILTAZ35

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@Shinnok789: Well they a had to agree to not do it again or the fine goes up each time lol. It's a pretty interesting case actually.

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StreetShark

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Lol. That is the very definition of “chump change” for a company like Sony.

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DEVILTAZ35

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Edited By DEVILTAZ35

@streetshark: It was an agreed upon amount as Sony had already implemented the changes to wording on the online store and refunded the money to consumers prior to the case being heard though.

It would have been considerably more if they hadn't done that.

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jenovaschilld

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I also purchased Fallout 76, and after a few weeks found it near unplayable. Probably I put 15hrs or more, waiting for patches to fix the many issues the game launched with. Gave up on it, and I got a refund from steam and also one email to Bethesda, the full price back to my card. AS it should be.

Gamers need to fight harder for consumer rights or at least their mom's credit card money- when it comes to digital purchases. You can almost always get a refund, but it takes a little work. Games of note: assassin's creed, simcity EA, battlefield 4, Deadspace 3, Diablo and more and more lately with publishers making more complicated games and spending less on QA and testers.

From years of gaming, and yes i prefer physical purchases over digital, but you can get a refund, though you may need to make some effort. First, follow the digital distributors refund guide, all the way through and write clearly and concisely why you are requesting a refund. If denied, write them and email, if no luck, send them another email along with: send your states consumers protection board and or BBB a email with all of the information, and inform the distributor as well.

here is an old article, https://kotaku.com/how-to-refund-digital-games-1823466527 to getting refunds to most games. But the best guide is to google your digital distributor + guide, on how to get a refund. One of the leading factors when it comes to NOT getting digital refunds it apathy, if you do not ask, you have no reason to complain and worse, your part of the problem.

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gotrekfabian

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Hopefully this will be an end to Sony and other similar organisations making up their own rules which only benefit themselves. The sale of faulty products, or in this case faulty software, is inexcusable and misleading customers both with the initial sale of said faulty software and with their right to a refund needs to be stamped out.

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pvett26

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So Sony has to pay millions now when they could’ve just paid out refunds for 4 games??? Serves ‘em right.

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EricDWright

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@pvett26: Only blood sucking lawyers get paid. The consumers get back their 60 bucks.

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jenovaschilld

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@pvett26: To clarify they do not pay them to individuals it is a fine, where that money goes back into government to prosecute these types of consumers complaints.

But yeah, consumers have rights.

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Jinzo_111887

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Shouldn't this apply to other games that were marketed deceptively such as Crash Team Racing Nitro Fueled, or even PSN, where Sony ran an ad about how they wouldn't charge for online play (Playstation Network The Fun is Always Free)?

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Defiler

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Australia seems to actually give a rat's ass about the consumer, unlike America.

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DEVILTAZ35

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Edited By DEVILTAZ35

@defiler: Except you guys have better laws for used car buyer protection. Australia kind of sucks compared to the USA lemon laws.

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jenovaschilld

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Edited By jenovaschilld

@defiler: Actually the USA and all 50 states consumer protections and BBB have been working on consumer digital protections, but allowing industry to "govern themselves" right now has been very slow going. It is still very bad in that all digital purchases are considered leases - (not actual ownership of shit) - which means any number of issues that favor publishers and really screw consumers. Progress has been made, but gaming consumers loudest voice is here on gamespot, writing mean comments, (raises hand)- so lobbying, voting, letter writing, etc has not been a gamers strong suit which also means little will get done beyond a gamers strongest voice... voting with your dollar.

Everyone please, stop pre-purchasing.

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santinegrete

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Edited By santinegrete

@defiler: Yeah. The Freedom of Market is always for the big guys to do what they want.

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ChunkyDrawers

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What was faulty? Like downloading a game off Steam and it crashes every 5 min? Companies should be held accountable instead of making a player find a patch or mods made by random people to correct the game

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Jinzo_111887

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@ChunkyDrawers: Fallout 76 could have been called Buggy Glitchfest Simulator and it would have been more accurate of a title. Anyway, I do agree with you, but there's more to it than just bugs. They made a big deal about how there wouldn't be pay to win microtransactions, then they started selling fridges. Of course, it's also worth pointing out that Activision should be in the crosshairs for Crash Team Racing Nitro Fueled. They said the game wouldn't have microtransactions prior to launch, then they turned around and implemented them into the game some time after launch.

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angrycreep

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Australia don't care about the rich and penalize them like any other regular joe. In America it would have been a whole deferent outcome and Sony would have walk right over any of us like we are nothing

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santinegrete

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Edited By santinegrete

@angrycreep: that's what the free market is for man. It isn't that right in the end, but they put a lot of money into houses and subjects that endorse knowledge (financial researchers, economist, universities) to sustain otherwise. One of the worst economists of history studied in Harvard.

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Thanatos2k

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Australia seems to be the only people finally holding liars in the game industry accountable. Maybe other countries should consider doing the same too.

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jenovaschilld

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Edited By jenovaschilld

@Thanatos2k: Other countries do. AU has one of the more robust consumer protections when it comes to digital purchases. EU as well. So does USA. But sadly, it does come down to the consumer, if you do not ask, do not complain, and just allow it to happen then you will not get your money back.

We have states consumer protection services, the BBB, the FTC, and can send letter to most congressmen, senators, and attorney generals. PLEASE gamers, if you buy a broken game get a refund. If you are turned down for whatever reason, Do something about it.

In the USA we have people who have too much money, and too little time. With a little effort anyone can get a refund, but it may take more then just posting "this game sucks comments".

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DEVILTAZ35

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Edited By DEVILTAZ35

@jenovaschilld: Though i did actually get a steam refund for saying exactly that :). I can't even remember the game. It was a walking simulator. No it wasn't Gone Home but it was similar to that. Oddly Steam refunded me and i was allowed to keep the game soundtrack.

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jenovaschilld

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@deviltaz35: I bought 3 copies of Diablo 3 at my local walmart for pc, pre-order. As you know that game was so buggy for months after it came out. Me and my crew (hardcore pcrpg) planned a long weekend of just playing D3. No luck, servers broke. Even a month later it was still so laggy, AH, and constant chat - that we just gave up on it after a couple months. I am always determined, so I took my 3 copies, my pre-order information and debit card receipt, back to the store - got the official cannot refund games speech- ask to file a complaint, filed it with a emails to walmart CS, and blizzard, activision. I got a refund very fast with no problems after that.

Then after patch AH patch, and chat removed, I got two free copies of the game from Blizzard maybe a few months after it launched, via email. Game still sucks because you cannot host it local and 3-4 friends in the same room experience too much network latency.- But it is much much better. Was nothing better then D2 local few a gang of friends.

I am glad you got a refund with -this game sucks, I am adding to my list as well. I really hope other people ask for refunds for broken games or else they publishers will just keep throwing broke, unfinished games at us. Hey, I also got a refund for order 1886 because it was too short and sucked, after beating it.

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Thanatos2k

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@jenovaschilld: The FTC is a joke though. Most congressmen are in the pocket of lobbyists and don't care.

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jenovaschilld

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Edited By jenovaschilld

@Thanatos2k: The FTC is a large government agency, that yes is usually headed by a political appointee. But like the mail system, fish and wildlife, parks and rec, defense, veterans affair, justice and on and on these large services still do vast amount of work for citizens everyday, in the largest governmental system in the world.

And they still will help you, when you are done wrong in a digital transaction, like what the above article refers, or at least can point you to a robot on a phone for hours. But help is out there, just have to use it.

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GamerBum

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For the players

Face/palm🤦🏼‍♂️

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Gamerforlife96

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@gamerbum: lol as if microsoft is any better

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locke90

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God i love living in australia when i hear about this stuff.

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