Is it fraudulent to offer a certain items and once paid to switch that items to a lesser amount without providing disclaimer or any written documentation saying that things are subject to change?

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Is it fraudulent to offer a certain items and once paid to switch that items to a lesser amount without providing disclaimer or any written documentation saying that things are subject to change?

I have been playing an online game called mobile strike for a while now and have paid a lot of money into this game to play it. There was a recent ‘pack’ that I purchased and it unlocked a free one every day for 4 weeks. A little past the first week the amount of items in this free pack were significantly reduced, 1,000 times less than previous. There is no disclaimer and as far as I have seen there is no notification about these itmes being subject to change. They have been doing this to multiple people and I am sick of seeing this happen to them, and myself. I am an 8 year military veteran with PTSD and other mental illnesses. I play this game to escape from that and get out of myself….that just is not possible now. I need some real help to get this problem fixed.

Asked on December 20, 2017 under Business Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, it is fraud to offer to sell one thing, take customers' money, then actually sell them something lesser or different. If you paid for this pack and got other than what you paid for, you could sue the company to get your money back--though whether doing so is economically worthwhile, especally if the company is not located in your county so that you could not sue in small claims court as your own attorney, is debatable.
But in your question, you also describe this as a "free pack": if the pack itself was not paid for but rather is some premium, gift, or promotion the company gives out to players who bought the game generally, but who did not have to buy (pay for) this pack, then you would have no recourse: you have no right to any free gift, but only get what the giver chooses to give you.


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