The Australian Competition & Consumer Commission (ACCC) is suing Sony (more specifically, its European branch) for "making false or misleading representations to Australian consumers" in regards to its digital refund policy.
The ACCC points to a claim made by Sony in 2017 that it did not have to provide refunds for faulty digital games if they've already been downloaded or if it had been 14 days since the game was purchased. "Sony Europe also allegedly told consumers it did not have to provide refunds unless the game developer told the consumer the game was irreparably faulty or otherwise authorised a refund. It also told consumers that it could provide refunds using virtual PlayStation currency instead of money," the ACCC said in its statement.
According to the ACCC, Sony's PlayStation Store refund policy violates Australian Consumer Law. In Australia, consumers who purchase digital products have the same rights as those who purchase a physical product, and are entitled to a refund, repair, or replacement if the product they've purchased is faulty. "Consumer guarantees do not expire after a digital product has been downloaded as we allege Sony Europe told consumers, and refunds must be given in the form of original payment unless a consumer chooses to receive it in store credit."
Australian Consumer Law ensures that Australians are entitled to a refund, repair, or replacement in the event that a product is "not of acceptable quality, is not fit for purpose or does not match descriptions made by the businesses." Specific games are not listed in the ACCC's statement.
The wording of the law is interesting because it does leave some room open for subjectivity when it comes to Australians seeking a refund for a faulty digital product. The "does not match descriptions made by the businesses" bit would also potentially apply to a great number of games. For example, Anthem's delayed 90 day roadmap has already gotten some consumers refunds, and so situations like that or misleading marketing material could potentially make people eligible for refunds in Australia, even if it's been longer than Sony's 14 day policy.
It will be interesting to see what comes of this moving forward. As video games continue to move toward an all-digital future, consumer rights will be an important topic to address, and lawsuits like this could set important legal precedents.