My Tag is Broke wrote:
1. the intentional
use of deceit, a trick or some dishonest means to deprive another of
his/her/its money, property or a legal right. Thats the defination of fraud, you do not have a argument here. Miscomunication, poor quality control, terrible customer service does not constitute fraud.
The product description that says the game has local multiplayer, when the game doesn't have multiplayer. I think you're trying to prove that this isn't fraud because an "inaccurate" product description could possibly be "unintentional" Is that truly the case? Maybe. But the fact that Namco wrote the description and Microsoft didn't validate it - well, I'd find it hard to prove that it was unintentional.
Also, my credit card company stated that the instance was considered fraud as well, and they agreed to reverse the charges of the microsoft points that I used to purchase the game.
My Tag is Broke wrote:
2. You state the game does not feature online mulitplayer feature. You are wrong it does have online I have played several games, got my online acheivment and have had no issues with lag. There is no fraud here as clearly some people can play the game online.
The game does not feature LOCAL multiplayer, as the description stated. Also, online multiplayer, for the most part, is broken. That's pretty impressive that you got it to work, but I bet 90% of other people can't even play a single online game. But, still, the heart of the issue is that Namco falsely advertised the local multiplayer feature.
My Tag is Broke wrote:
3. The lack of Local Online player feature is also not fraud, regardless if it was stated to have it or not, poor quality control yes, Fraud no.You have to prove that Microsoft or Bandai got together and plotted to intentionally deceive you. The bottom line is with any purchase is a term I learned in first year law, Caveat Emptor, let the buyer beware. Microsoft's policy is clear there shall be no refunds, thats it, if they refuse to refund money not much you can do other then take your buisness elsewhere.
Again, I'm not arguing that there's a breah of contract here. The Microsoft purchase agreement does state that if we buy the game, we're getting it "as is." And the agreement doesn't state that we're entitled to refunds IF we later find out the product description was inaccurate. So to your point, Microsoft does have their butt's covered and we're ultimately the people who are going to be screwed. But I still say, if you're not happy, keep calling microsoft and demanding a refund - or if you can, have your credit card company reverse the charges. We can't let publishers know that they can get away with crappy QA.