EB Games will refund consumers over faults with the online video game Fallout 76.

Consumers had complained to the ACCC that EB Games representatives had advised them they were not entitled to a refund after they experienced a range of faults with the Fallout 76 game, including problems with servers and bugs in the game.

EB Games has provided a court-enforceable undertaking to the ACCC, committing to refund consumers who contacted EB Games between 14 November 2018 and 31 October 2019 to request a refund for the Fallout 76 game due to faults and were denied a refund.

“The Australian Consumer Law provides consumers with the right to ask for their choice of a repair, replacement or refund when they have purchased a product that has a fault which amounts to a major failure,” ACCC Commissioner Sarah Court said.

“Retailers must ensure that they train their staff so they do not misrepresent to consumers their consumer guarantee rights under the Australian Consumer Law, including the right to obtain a refund in certain circumstances.”

Fallout 76 was produced by Bethesda Softworks, which is part of the ZeniMax Media Group.

Late last year, ZeniMax also acknowledged it was likely to have misled consumers about their consumer guarantee rights in relation to the game.

This came after the ACCC received complaints that ZeniMax representatives told consumers that they were not entitled to a refund after they experienced faults with the Fallout 76 game, including, in some cases, problems with the servers, lagging, graphic and visual problems.

Consumers who accept a refund will no longer be entitled to access and play the game.