Legal Question in Consumer Law in Texas

It is standard that once you open the box that software came in that it cannot be returned.

Is there any recourse if the software has major flaws that have not been corrected 4 months after release?

I purchased a highly popular PC game. The game shipped with multiple issues. These issues were either already known to brought to the attention of the developers at launch.

Multiple promises and patches were made without solving these major issues. Finally, 4 months later the promised "super patch" was released which still had not fixed these issues.

There is a large internet community forum rife with frustrated users unable to play the game and unable to get their money back.

At the same time, the company is releasing new fee-based content to the game.

They have even marketed the game in countries that do not support the game model. The game relies on Microsoft's Live Gaming platform which is not available in certain countries the game is sold in. So these users cannot even launch the game as it denies them access.

Here is the forum and game in question. I appreciate any feedback.


Asked on 5/26/10, 7:11 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

Your software folks have a tendency to put paragraph after paragraph of text in the packaging that says things like "The end user of this product has no rights, no matter what, even if the product is a dud, even if it's our fault, even if we're lying dirtbags, and the end user assumes all liabilities for everything that happens ...." etc.

The bottom line: no matter what disclaimers come in the package, you're entitled to get what you paid for. Period. If you don't, then the seller has committed a Deceptive Trade Practice.

http://www.statutes.legis.state.tx.us/SOTWDocs/BC/htm/BC.17.htm

Unfortunately, to exercise your rights will be a pain in the neck. First, you should stop using the telephone or emails. Write paper letters. Yes, PAPER letters. Get an address (mailing address) for the folks you bought the product from. Send them a letter telling them exactly what you told me. Keep a copy. Send a copy to this address:

Office of the Attorney General

Consumer Protection Division

PO Box 12548

Austin, TX 78711-2548

And SHOW on your letter (at the bottom) that you sent a copy to this address.

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Answered on 5/29/10, 8:35 am


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