Note: I feel the need to add this note as an attempt to disarm all of the internet crazy people who have a gigantic 2x4 up their butt. This is not meant to be the basis for actual legal action. This has legal facts and analysis, but it is only "serious" in a tongue and cheek manner! I've had too many people go "oh you're not a lawyer...," "a real lawyer would contact bungie..." "a real lawyer wouldn't have grammar errors." Well its a forum post... One which I simply want to show how this charade AAA game franchises have been pulling in increasing frequency over the years and of which Destiny is the latest example. I am a bit of an idealist and want to see people fight for their rights and try to win back a little power for themselves (you can make fun of me for that because even I admit how sappy that is). So if you have a stick up your butt, move along, this isn't for you. If you want to learn about ONE interpretation of the law and how it may benefit you. Please continue. So this long letter written over thirty years ago fits so squarely into the TLDR category I almost didn't bother posting it. However, as we are all angry video game fans here, I thought it would be informative for you all. I would like to begin by saying I am a licensed attorney and have spent some of my free time looking into this matter (purely out of anger at Bungie, thanks for the motivation guys!). I want Deej to respond to this, because I feel Bungie would much rather have him defend why this game doesn't fit the bill for false advertisement than Bungie's legal department. I'll start with a brief overview: Federal law set up the Federal Trade Commission and directs it to "prohibit entities from engaging in unfair or deceptive acts or practices in interstate commerce." The letter linked above outlines the standards the commission is to use in fulfillment of its mission. The FTC Policy Statement on Deception states that the Commission analyzes deceptive business practices under the following criteria: There must be a representation, omission or practice that is likely to mislead the consumer. This includes the "use of bait and switch techniques." The practice is examined from the perspective of a reasonable person in the circumstances. If the practice "is directed primarily to a particular group," such as Internet users, "the Commission examines reasonableness from the perspective of that group." The representation, omission or practice must be a material one, i.e., it is likely to affect the consumer's conduct or decision regarding the produce or service. An act or practice is unfair, also in violation of the FTC Act, if it causes injury to consumers that: (1) is substantial; (2) is not outweighed by countervailing benefits to consumers and competition; and (3) consumers themselves could not reasonably have avoided. So what does all this legalize mean, exactly? Lets start at the beginning with the hype. Destiny was one of the most hyped games in recent memory. Bungie teased us with trailers, game play footage, and developer interviews. All of these media releases built expectations as to what was in the game. We could see that certain features and mechanics would be in the game. We were explicitly told certain things would be int the game, and that we could expect others. This media frenzy satisfies two prongs of the test outlined above. The practice (of marketing a video game) was directed specifically at a group of people, i.e. video game players. We as gamers "reasonably relied" on Bungie's claims. They told us- "hey this is what you can do in Destiny, these are the features it will have. Aren't they great." Is it unreasonable for us as a group of people excited to play this game to expect that those features be in said game? Of course not! Now the big question is are these omissions, i.e. the stuff we were told would be in the game but wasn't, a "material omission"? This means that had you known about the games short comings before it was released would you have bought it? This speaks specifically to the people who relied on Bungie's claims and pre-ordered the game or bought it on the release date. There was no information to rely on at that point other than what Bungie was spewing out about how awesome the game was. Once reviews start to come out, you as a consumer can make a more informed decision about whether the game lives up to the hype. So I can honestly say, had I seen a review about the game I would not have bought it. That, in the legal world is the definition of a "material omission." Because the information contained in the review would have prevented me from buying the game, the omissions from Bungie about the game's content and features is a "material omission." Finally, we must decide whether there was "substantial injury." Well because I bought the blasted game, I am out $70 dollars I wouldn't be otherwise. We can quibble about whether that is substantial, but as someone on a tight budget, I am going to say it is. Lastly, we look at some counterbalance criteria: the last to bullet points say that despite all the bad stuff Bungie did in coning me out of my $70, if I benefited from the transaction or the transaction could not be reasonably be avoided, then Bungie may get off the hook. While it's true, I did get some entertainment out of the game, that is a far cry from saying I benefited from my purchase. The benefit was not such that it makes up for the fact I would not have bought the damn thing in the first place. The second prong, that it could be reasonably avoided, goes to pre-orders. There is no reasonable way to avoid the problem when you pre-order, other than to not pre-order, and in this day and age when developers offer unique items and limited edition content for pre-orders, there is a huge incentive to take that risk. Not to mention being the first to brag about your conquests in the game. So, in summary, I would ask Deej to defend Bungie and this game. Explain to me and the community how you have not violated this law in executing this sham on us. It is irrelevant that Bungie may have had its hands tied or have a story writer leave. You told us this game would be legend and it is barely a peon. Thank you, Spartan089