Refund Request
The EA Anti-Cheat software is a kernel-level driver installed at the operating system level and requires administrator priveleges to install.
This software was added to the game, EA SPORTS WRC on the 18th of July 2024. The future addition of this software was not disclosed at the time of purchase on the 17th of October 2023.
Due to the proprietary nature of the software, the I am unable to ascertain the level of invasive monitoring or safety issues involved with running the software.
In addition to this, although I have over 90 hours logged in the above-mentioned game, at least 90% of that time was spent trying to fix/improve the performance of the game under various circumstances without success.
Between the initial release and today, EA have failed to meet their promises with regard to the well-known and constant performance issues plaguing the game, nor provide VR support of a reasonable quality within a reasonable time.
I believe I have given EA a reasonable chance to correct the ongoing issues over 11 months, but they have opted to try to sell more DLC and ignore the original promises with no information on if and when the problems will be fixed.
I am claiming under the COMPETITION AND CONSUMER ACT 2010 - SCHEDULE 2 The Australian Consumer Law:
- Section 24 and 25 unfair contract terms by way of permitting one party to unilaterally vary the terms of the contract, and also unilaterally vary the vary the characteristics of the goods and services provided.
- Section 36 wrongly accepting payment by way of providing goods or services materially different from the goods or services in respect of which the payment is accepted.
- Section 42 unsolicited services by way of providing the EA Anti-Cheat service in an unsolicited manner 10 months after the purchase, resulting in the fact that the consumer is not responsible for loss or damage arising from its provision [subsection (b)].
- Section 52 disturbed possession by way of preventing the consumer from operating the software without installing undisclosed kernel-level software.
- Section 54 acceptable quality by way of not providing a product of acceptable performance on reasonable hardware in an acceptable time and actively making the quality of the product worse.
> Major failures - Major problems cannot be fixed or are too difficult to fix - EA have indicated they do not plan to fix the issue.
> There is a major failure to comply with a consumer guarantee when: You would not have purchased the product if you had known about the problem.
Companies does not need to consider any assertions made to be a major defect in order to be required to provide a refund.
All that is required is to prove that the product is now materially different in how it will operate and that this effectively blocks your access to the game unless you consent to something not disclosed at the time of purchase.
COMPETITION AND CONSUMER ACT 2010 - SCHEDULE 2 The Australian Consumer Law
23 Unfair terms of consumer contracts and small business contracts
24 Meaning of unfair
25 Examples of unfair terms
36 Wrongly accepting payment
42 Liability of recipient for unsolicited services
50 Harassment and coercion
52 Guarantee as to undisturbed possession
54 Guarantee as to acceptable quality
236 Actions for damages
259 Action against suppliers of goods
⚽ A consumer may take action under this section if:
(b) a guarantee that applies to the supply under Subdivision A of Division 1 of Part 3 - 2 (other than sections 58 and 59⚽) is not complied with.
260 When a failure to comply with a guarantee is a major failure
⚽ A failure to comply with a guarantee referred to in section 259⚽(b) that applies to a supply of goods is a major failure if:
😇 the goods would not have been acquired by a reasonable consumer fully acquainted with the nature and extent of the failure.
Hey @qreeves
I am afraid that we cannot help with refunds on Answers HQ as we don't have the tools to process them.
Find below an article about refunds and how to request them:
How to get a refund for EA games-Groguet
