Why so many RMA's? Why not just exchange the game?

[Tirade]

Original first post is below but I noticed this info on another forum and wanted to bring it here. Under Federal Law you have the right to a refund or replacement on defective merchandise REGARDLESS of how many stickers EA places on the outside of the box. Stop focusing on the fact that EA has such a nice (thats debatable) RMA policy and start focusing on your right as a consumer to buy fully functioning merchandise.


Info is found HERE (http://edis.ifas.ufl.edu/HE652)

What if a new purchase is defective?

If a new product has a defect it should be returned to the place of purchase immediately regardless of the stores return policy. Defective purchases are covered by the Federal Magnuson Moss Warranty Act. New, unused products have an implied warranty regarding their fitness for purpose and use. When you return a defective product in its original package and condition the merchant must refund the purchase price or replace the item unless it was sold "as is."

More info on the Magnuson-Moss Warranty Act can be found HERE (http://en.wikipedia.org/wiki/Magnuson-Moss_Act)



Original Post here:

My down strum stopped working correctly tonight (Day 2 of using it). Obviously I'm not alone in this...

So my questions is, why aren't people just returning the game and buying a new bundle? Why go through all the hassle of the RMA process (and according to the posts on this forum, there is a ton)?

I assume your 60 day warranty starts when you submit your first RMA request (I'm sure this will change in the future). Is there a reason people aren't just exchanging the game? I plan to exchange my bundle tomorrow and see what happens, but if its broken too, I'll exchange it again and again and again until Gamestop bans me from all 6 stores around me or until they get Harmonix to step up and accept responsibility for the faulty hardware thats being pushed out.

Just curious...

[m_estock]

My down strum stopped working correctly tonight (Day 2 of using it). Obviously I'm not alone in this...

So my questions is, why aren't people just returning the game and buying a new bundle? Why go through all the hassle of the RMA process (and according to the posts on this forum, there is a ton)?

I assume your 60 day warranty starts when you submit your first RMA request (I'm sure this will change in the future). Is there a reason people aren't just exchanging the game? I plan to exchange my bundle tomorrow and see what happens, but if its broken too, I'll exchange it again and again and again until Gamestop bans me from all 6 stores around me or until they get Harmonix to step up and accept responsibility for the faulty hardware thats being pushed out.

Just curious...

You can't return the game..... All replacements must be done with the manufacturer, in this case EA.

[Tirade]

I'll be damned...

You bet your ass I'll be exchanging the game for a fully functioning one or Amex will gladly refund my money while the broken one sits in my living room.

I don't live in an "as-is" state, so sales arent final. Im still within my return period and I'll be exchanging it.

[m_estock]

You can't exchange it with the store you bought it from.... All replacements and such have to be done with EA. The paper you got when you bought the game explains it.

[TribalDancer]

I wonder, though. Just because EA is urging people to RMA, doesn't mean you aren't within your rights to return it to the store based on the store's return policies. Unless they said at the time of purchase that you are exempt from usual return policies, I don't see how they can force you to keep it and deal with the manufacturer if the receipt says "Returns are accepted within 30 days of purchase" or somesuch...

[OSUBucskfan9]

Umm, Target said I can return my bundle, and even exchange it for a brand new one, when they have them in stock. Which is what I will be doing, because to me, sending my CD to some random location that has no real certification or tracking, IMO is just stupid.

[Luvac Zantor]

anyone saying you "can't" return it because of a piece of paper AFTER you purchased it,,, is silly...


The paper is probably because they REALIZED they had faulty equipment and REALIZED that returning it woudl just mean you'd get another "first batch" bundle.

Think about it.

I got replacements, they are better, but still not as good as the GH3 guitar's accuracy.... but who am I... other than a 20+ year guitar player....

[BUZZBONES]

I got my bundle for Christmas and after 2 hours the guitar quit working on the down strum and now the drums are not registering all the time. So I am going to box it all back up and return it to the store I bought it from. I really like the game, but if its just going to last 1 to 3 days. EA can have it back and I will gladly get my $170.00 back and buy something else.

This is totally ridiculous EA!!!

[Tamran]

You probably don't want to return it to the store you got it because you'll get the same issues. The word is that EA is sending out "newer" versions of the hardware when items are returned. There are several hardware revisions of both the drums and guitars.

[Tirade]

You probably don't want to return it to the store you got it because you'll get the same issues. The word is that EA is sending out "newer" versions of the hardware when items are returned. There are several hardware revisions of both the drums and guitars.


Lets assume for a minute that this is true... consider the following:

1. Numerous folks have said the guitar/drum they received as a replacement is refurbished and exhibits the same problem as the original or worse.

2. The longer you wait to RMA the more likely the "latest revision" will be available (I mean a year from now they may have an entirely different manufacturer making the guitar).

3. Assuming the 60day warranty period doesn't change, and you have a 30day store return policy. It makes sense to me to return/exchange it to the store until you get a working set and thus renewing your 60day warranty in the event of a future failure.

Of course there is the hassle of boxing it up, driving to the store, hoping they have it in stock, etc etc... Then again sending it off, having the RMA process go smoothly, and getting a "new" replacement that actually works correctly (for some extended period of time) seems to be greater odds than sleeping with Britney Spears. Well ok, maybe that was a bad example... how about her sister... errr you get the point.

[GAHusker]

The only reason I'm going through an RMA at this point is because I bought my bundle through Amazon -- so either I pack up and ship the entire bundle, or pack and ship a drum pedal ... I thought it would be easier to do the latter, but ask me again in a week and I may have changed my mind by then...

[zerogeo3]

Its not just the piece of paper in the box. Its the Sticker on the outside of the box. In which case it informs you before opening it, that you are not to return to the store, but to EA. Most retailers are starting to relize this and will not, except the item back, but will tell you to send it to EA....:eek:

[Tirade]

Its not just the piece of paper in the box. Its the Sticker on the outside of the box. In which case it informs you before opening it, that you are not to return to the store, but to EA. Most retailers are starting to relize this and will not, except the item back, but will tell you to send it to EA....:eek:

I think thats the problem (and probably the answer to the question that this thread is titled).

The reason so many people are doing RMA's rather than exchanges, is because of the stickers/papers that ask you to contact EA instead of the store where you bought it.

These stickers/papers arent legal or binding. Your right to a refund isnt void just because EA already knew in advance there would be problems and decided to throw in the "warning paper" as they shipped them out of the warehouse. I must say though, if it was EA's intent to make people think they couldnt return the game, it sure seems to be working based on the posts in the forums.

I plan to exchange mine at lunch today. Its already boxed up and in the car. I'll report back on how it goes and if I get any slack for doing it. Like I said though, if Gamestop tries to tell me the exchange policy doesnt apply to this game, then I'll let Amex show them that my buyer protection policy does apply.

[kleners]

I think the biggest issue everyone that states this doesnt know is most the issues were due to Design flaws. taking it back to the store for a swap will still get you the same batch and the same flaw.

there are 5 versions of the guitar and i know of at least 2 drum versions. So do the RMA and you will get the new ones that are working nicely.

[Tirade]

I think the biggest issue everyone that states this doesnt know is most the issues were due to Design flaws. taking it back to the store for a swap will still get you the same batch and the same flaw.

there are 5 versions of the guitar and i know of at least 2 drum versions. So do the RMA and you will get the new ones that are working nicely.

This is probably true, however at some point these "revisions" have to start showing up in new bundles and again it resets your 60 day warranty window every time you get a new bundle so the odds of you being under warranty when they finally get things fixed is in your favor.

How many people who bought this back in November are going to be pissed when a final version that resolves all the issues is released say in Feb or March and the warranty has expired so they arent entitled to the "fixed" version w/o buying another bundle.

At this point it might be MUCH cheaper on EA to just pay the money to Activision to allow the use of the GH3 guitar. It would probably cut the # of guitar returns they are getting in 1/2.

[kleners]

This is probably true, however at some point these "revisions" have to start showing up in new bundles and again it resets your 60 day warranty window every time you get a new bundle so the odds of you being under warranty when they finally get things fixed is in your favor.

How many people who bought this back in November are going to be pissed when a final version that resolves all the issues is released say in Feb or March and the warranty has expired so they arent entitled to the "fixed" version w/o buying another bundle.

At this point it might be MUCH cheaper on EA to just pay the money to Activision to allow the use of the GH3 guitar. It would probably cut the # of guitar returns they are getting in 1/2.

The issue with your statment is there is no warranty time frame. right now any restriction of warranty would result in class action law suits. so EA has stated many times. they will not talk warrenty periods until all issues are resolved and everyone is happy.
And i like my RB guitar better than the GH2-3 controlers.

[Tirade]

The issue with your statment is there is no warranty time frame. right now any restriction of warranty would result in class action law suits. so EA has stated many times. they will not talk warrenty periods until all issues are resolved and everyone is happy.
And i like my RB guitar better than the GH2-3 controlers.

So all the current talk of "60 day" warranty periods is based on speculation?

I keep seeing threads saying "It should be 1 year, not 60 days"

Where does the 60 day info come from if its not a confirmed statement?


Edit: The manual says 60 day warranty.

Edit 2: It states it on thier website http://support.ea.com/cgi-bin/ea.cfg/php/enduser/std_adp.php?p_faqid=18417&p_created=1195579975&p_sid=6GCqhmUi&p_accessibility=0&p_redirect=&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9NTYsNTYmcF9wcm9kcz0yMzA4LDM3OTAmcF9jYXR zPTAmcF9wdj0yLjM3OTAmcF9jdj0mcF9wYWdlPTE*&p_li=&p_topview=1

[AvalancheBeast]

Hell. I'm just glad I have two GH guitars to use until I can get this mess fixed.

[Nokturnal]

same here if it wasn't for my guitar hero controllers I would be alittle upset about the whole thing

[Tirade]

Well I was able to successfully exchange my bundle at Gamestop but sure enough it was a hassle.

Not only are consumers buying into the whole "If its broke Ill RMA it instead of exchanging it" crap, but the Gamestop employees were actually trying to enforce it. The first salesman told me I couldn't exchange it because of the sticker on the front of the box (which he then proceeded to go get a bundle, bring it to the register, point at the sticker and read it to me) that said if anything is broke, please contact EA instead of returning it.

I explained to him that according to the return policy on my receipt I had 7 days to exchange defective merchandise and when I purchased the bundle there was no disclaimer that said otherwise or anything stating in the store that the posted return policy didn't apply to the purchase of Rock Band. The employee argued that the sticker on the box WAS the posting and that EA's sticker overrides the Gamestop policy........... (as if I needed a dramatic pause to show how ridiculous that statement was). I told him that no amount of stickers placed on the outside of a box by the manufacturer would nullify my right as a consumer to take advantage of the posted return policy and the policy stated on my receipt. Also, the sticker does not say that I can not return the game, it only states that I should contact EA if there is a problem.

Anyway, to shorten this up, a manager was called and the argument was repeated and the game was exchanged and I was told "If you have a problem with this bundle, we wont exchange it again". Well actually, yes they will, they just don't realize it yet. I can smell a class action suit brewing if Gamestop starts refusing exchanges within the posted time frame. If its "ok" to sell defective merchandise and then refuse a refund for it, why have consumer rights at all?

That brings me to another question thats sort of a sub-topic of this thread.

At what point did we as consumers become ok with a retailer selling defective merchandise that's advertised as non-defective?

Then to top it off we became ok with them not taking it back? I don't get it. There isnt another industry in the US (other than software/games in general) where its ok to sell defective merchandise and then tell people you arent taking it back.

Anyway, to the 2 previous posters.. I envy your ability to use your GH controllers, now how much money will be lost before the PS3 crowd can join you?

[AvalancheBeast]

Well I was able to successfully exchange my bundle at Gamestop but sure enough it was a hassle.

Not only are consumers buying into the whole "If its broke Ill RMA it instead of exchanging it" crap, but the Gamestop employees were actually trying to enforce it. The first salesman told me I couldn't exchange it because of the sticker on the front of the box (which he then proceeded to go get a bundle, bring it to the register, point at the sticker and read it to me) that said if anything is broke, please contact EA instead of returning it.

I explained to him that according to the return policy on my receipt I had 7 days to exchange defective merchandise and when I purchased the bundle there was no disclaimer that said otherwise or anything stating in the store that the posted return policy didn't apply to the purchase of Rock Band. The employee argued that the sticker on the box WAS the posting and that EA's sticker overrides the Gamestop policy........... (as if I needed a dramatic pause to show how ridiculous that statement was). I told him that no amount of stickers placed on the outside of a box by the manufacturer would nullify my right as a consumer to take advantage of the posted return policy and the policy stated on my receipt. Also, the sticker does not say that I can not return the game, it only states that I should contact EA if there is a problem.

Anyway, to shorten this up, a manager was called and the argument was repeated and the game was exchanged and I was told "If you have a problem with this bundle, we wont exchange it again". Well actually, yes they will, they just don't realize it yet. I can smell a class action suit brewing if Gamestop starts refusing exchanges within the posted time frame. If its "ok" to sell defective merchandise and then refuse a refund for it, why have consumer rights at all?

That brings me to another question thats sort of a sub-topic of this thread.

At what point did we as consumers become ok with a retailer selling defective merchandise that's advertised as non-defective?

Then to top it off we became ok with them not taking it back? I don't get it. There isnt another industry in the US (other than software/games in general) where its ok to sell defective merchandise and then tell people you arent taking it back.

Anyway, to the 2 previous posters.. I envy your ability to use your GH controllers, now how much money will be lost before the PS3 crowd can join you?


Nice man. I'm glad you were able to get that returned. So let me get this straight. PS3 guitars for GH do not work w/ Rock Band??? Why would they do that? I actually like using my wireless GH guitar for Rock Band, makes for a nicer play.

[TribalDancer]

Nice man. I'm glad you were able to get that returned. So let me get this straight. PS3 guitars for GH do not work w/ Rock Band??? Why would they do that? I actually like using my wireless GH guitar for Rock Band, makes for a nicer play.

Yep. Lots of angry threads on this one, too, and tons upon tons of press covering the little tiff that Activision and Harmonix are having over it.

[Tirade]

Nice man. I'm glad you were able to get that returned. So let me get this straight. PS3 guitars for GH do not work w/ Rock Band??? Why would they do that? I actually like using my wireless GH guitar for Rock Band, makes for a nicer play.

Thats correct, they do not work with each other. The 360 versions are compatible, the PS3 versions are not. Im sure Sony isnt too pleased about it either as its definitely hurting sales for people who are buying a console primarily for RB.

The best part is that Harmonics has created a patch that allows the GH controller to work with RB, but Activision threatened legal action if they released the patch.

Now EA is at a cross-roads. They can pay whatever the fee is that Activision wants, so that the patch can be released (and save a ton of cash on replacing RB controllers), or they can just continue to replace RB controllers.

[AvalancheBeast]

Thats correct, they do not work with each other. The 360 versions are compatible, the PS3 versions are not. Im sure Sony isnt too pleased about it either as its definitely hurting sales for people who are buying a console primarily for RB.

The best part is that Harmonics has created a patch that allows the GH controller to work with RB, but Activision threatened legal action if they released the patch.

Now EA is at a cross-roads. They can pay whatever the fee is that Activision wants, so that the patch can be released (and save a ton of cash on replacing RB controllers), or they can just continue to replace RB controllers.

Why does XBOX not have this issue?

[skullpit]

From what I understand, Microsoft will not let companies make proprietary controllers for xbox games while Sony does not care either way. Course I heard this on the internet so I take it with a grain of salt.

[psDragon]

I bought this game early Nov and the guitar was DOA, I got a replacement guitar that turned out to be scratched and broken as well. Then a few days later drums broke, so I returned it with a HUGE hassle. I spent more time troubleshooting than playing the game. If you have a chance to return it, then return it because I'm sure they are going to leave everyone outside the 6 month period high and dry, otherwise how do they make money? Its all about money. Wait for version 2.0, thats what I'm doing.

[Tirade]

Wait for version 2.0, thats what I'm doing.

Ive debated it. I might return it to GS and then rebuy it at someplace like Best Buy so that I can get an extended warranty. I dont want refurbished replacements, I want new merchandise that works as advertised.

[skullpit]

Why is Best Buy offering a 2 year replacement plan for $30 if they won't take it back? hmmm....

I think it was 2 years but I don't remember now. It was definitely a replacement plan for $30 though. $29 and change actually.

[photokid1970]

Why is Best Buy offering a 2 year replacement plan for $30 if they won't take it back? hmmm....

I think it was 2 years but I don't remember now. It was definitely a replacement plan for $30 though. $29 and change actually.


I believe 2 years was correct - I did the same thing and I'm already glad! My 'replacement' should arrive tomorrow, and we'll see. Will BB take back the game before the 60 day period is up? I have purchased extended warranties from Office Depot before, and they wouldn't talk to me until the 1 YEAR MANUFACTURER WARRANTY was up. (My external DVD burner died 6 weeks before the 1 year was up... Sony predicted 6 weeks for a return, so I waited 6 weeks and went back to the store.)

[zerogeo3]

They do not have to take it back (the retailers that is) When you buy the game it Clearly states on the box that defective items need to be sent to EA. Therefore, you are well aware of the policy before you buy it. All other arguments with it are moot. If Best Buy wants to exchange them, its their policy, they technically do not have to offer that warranty on this product. You, know the policy before you buy it.....:eek:

[Tirade]

They do not have to take it back (the retailers that is) When you buy the game it Clearly states on the box that defective items need to be sent to EA. Therefore, you are well aware of the policy before you buy it. All other arguments with it are moot. If Best Buy wants to exchange them, its their policy, they technically do not have to offer that warranty on this product. You, know the policy before you buy it.....:eek:


You must be a Gamestop employee... either that or you clearly haven't read what the sticker on the box says.

Let me type it verbatim for you:

"If you encounter a problem with any Rock Band peripheral, DO NOT return to the store. Contact http://support.ea.com/rockband"

I didn't capitalize "DO NOT" for emphasis, that's how it's written on the sticker. It does however make it easier to read AND comprehend. The words DO NOT are somehow being interpreted as CAN NOT and this IS NOT correct.

As Ive mentioned several times, unless it is written (by the retailer) that the product you are purchasing is exempt from the posted policies, then you as a consumer have the right to exchange the item within the allowed time frame.

I guess its moot for me at this point though. I returned it to Gamestop and repurchased it at Wal-Mart with a 2 year replacement plan for an additional $17.88. It kicks in after the manufacturers labor warranty (which is 60 days). If EA tries to pull a fast one and claim Im not covered under warranty AFTER they have ironed out all of the bugs, I'll simply replace it at Wal-Mart and start the process over again. You might be ok with purchasing defective merchandise and being told "tough ****" by the retailer, but not me.


Edit: My wife is hooking up the exchanged unit as we speak. I'll report back on how it fairs. The internal packaging is definately different though. The words on the internal boxes are red instead of black and the batters are energizers that are packed in a small box instead of generic green batteries wrapped in plastic. Also the drumsticks do not have any writing on them like the previous set did.

[jaygrady]

I bought my ps3 bundle at Best Buy and got the 2 year replacement plan for $30. I have already brought my first bundle back and am on my second one. I was told that if anything breaks to box it all back up and bring it down and pick up a new bundle(as many times I want in 2 years). It is kind of a pain boxing it up, but totally worth it. Most Best Buys here in Minnesota have the bundles in stock, so it is easier to replace.

[Tirade]

Well last night we hooked up the new bundle we bought and the strum bar on this guitar is actually worse than the first one. At least on the first guitar the up strum worked. We havent tested out the new drums yet so no idea if thats fine or not.

Im not sure if Ill swap it at Wal-Mart or do the RMA process, but either way Im not happy.

[SoCalCaz]

My strum bar just failed after my 10th song! I was actually being extra careful not to strum to hard as well! I bought mine from Costco, luckily they will accept any return. This is ridiculous!!!!

[twofivethreetwo]

My strum bar also failed but after two weeks of play. I did the express RMA though and in fact the new guitar should be here Monday. At least for 360 gamers like myself I get to use my GH3 guitar during this time.

[Magnumxl711]

I'll be damned...

You bet your ass I'll be exchanging the game for a fully functioning one or Amex will gladly refund my money while the broken one sits in my living room.

I don't live in an "as-is" state, so sales arent final. Im still within my return period and I'll be exchanging it.

so, do you live in Texas or Alabama?

[psDragon]

I dont know where everyone else lives but the law here in California pretty much states you can return it unless they have a POSTED SIGN, typically most stores including Best Buy have a 30 days return policy, which is NOT A WARRANTY, its a RETURN. A sticker and a sheet of paper in the box doesn't cut it. I'm sure they discourage returning the item but trust me its not impossible. I RETURNED mine to Walmart. They said I had to contact the EA, I told them NO, I'm returning it and I dont want it and that I can easily contact my credit card company. So they just accepted the return and credited my credit card.

[whittibo]

I found a PS2 bundle on 12/21 at a Walmart about 1 hour from me. When I was trying to find one, I was hoping I could get one at Walmart to buy their extended warranty. When I went to the cashier to buy it, I asked if I could get the warranty and she said "No" and pointed to the sticker that said you were to contact the manufacturer.

Well after reading some posts here about people who DID get the extended warranty, I went to my local Walmart (who doesn't have PS2 bundles) and told them what I was told and asked if I could buy the warranty and they said "sure" and for $18 and some change, I have a 2 year warranty.

Only bad thing is, the local Walmart doesn't have the PS2 bundles in stock, but I am hoping this isn't always going to be the case and that if/when our guitar/drums break, that Walmart will have PS2 bundles for us to exchange.

They also didn't tell us anything about having to wait till after the manufactures warranty was up. I think you have 60 days to "return" it to the store, so why wouldn't that 60 days override the manufactures return time?

[Tirade]

The 2 year warranty through Wal-Mart kicks in after the 60day EA warranty.

Wal-Marts return policy is 60days though so yes essentially you have 2 years and 2 months to swap your bundle at Wal-Mart for a new bundle if it should ever break.

For $18 its a hell of a deal that ensures you will receive any future revisions/fixes for free without having to wait on EA for a few days/weeks and without having to worry that youll be told youre out of warranty.

[jmiscavish]

LOL, you can definitely return it to the store. A little yellow piece of paper doesn't mean anything. EA just put that in there so that people wouldn't be getting all the unbroken ones for free. It's really about profits for them. If people get the unbroken ones for free buy returning broken ones, then EA makes nothing off of those bundles. That's all it is. That's what that little yellow paper is for. If I cared enough to bring everything back, I'd have done the same, but I have my GH2 controller so it doesn't really matter. Double downstrums abound at my house.

[sumsh]

After reading through this thread, I'm regretting buying RB at Gamestop rather than Best Buy or Walmart so I could get a 2-year warranty. Both my guitar and drums are defective. Here's my question: If I return the game to Gamestop within the 7-day period, (after much anticipated debating) will they give me a full refund because the game is defective, or will they just exchange it for a new one? Here is what the return policy on the receipt says: "Unopened new items can be returned/exchanged w/in 30 days. Opened new video games, new PC games, & new systems can be exchanged for the identical item w/in 7 days. Opened accessories & all used items can be returned/exhanged w/in 7 days." From the sound of it, the best I can hope for is an exchange rather than a full return. Any thoughts? Has anyone been able to get a full refund on their defective set?

[drgnmstr44]

my personnal opinion is Gamestop is a tool, money-grubbing store and I don't buy stuff from them anymore. I remember when EB, which is now effectively Gamestop, was around. those stores took care of their customers. Gamestop doesn't seem to care so I get my gamer fix from Best Buy. I'm so glad I got the two year warrenty from them on RockBand. Sure it cost 30 more bucks but in the long run, it'll be worth it.

[Tirade]

After reading through this thread, I'm regretting buying RB at Gamestop rather than Best Buy or Walmart so I could get a 2-year warranty. Both my guitar and drums are defective. Here's my question: If I return the game to Gamestop within the 7-day period, (after much anticipated debating) will they give me a full refund because the game is defective, or will they just exchange it for a new one? Here is what the return policy on the receipt says: "Unopened new items can be returned/exchanged w/in 30 days. Opened new video games, new PC games, & new systems can be exchanged for the identical item w/in 7 days. Opened accessories & all used items can be returned/exhanged w/in 7 days." From the sound of it, the best I can hope for is an exchange rather than a full return. Any thoughts? Has anyone been able to get a full refund on their defective set?


By Federal Law they are required to refund you or replace the bundle.

I saw this info posted on another forum and Im posting it here since it directly answers your question.

Info is found HERE (http://edis.ifas.ufl.edu/HE652)

What if a new purchase is defective?

If a new product has a defect it should be returned to the place of purchase immediately regardless of the stores return policy. Defective purchases are covered by the Federal Magnuson Moss Warranty Act. New, unused products have an implied warranty regarding their fitness for purpose and use. When you return a defective product in its original package and condition the merchant must refund the purchase price or replace the item unless it was sold "as is."

More info on the Magnuson-Moss Warranty Act can be found HERE (http://en.wikipedia.org/wiki/Magnuson-Moss_Act)

[sumsh]

Exactly what I was looking for. Thanks, Tirade!!

[sumsh]

By Federal Law they are required to refund you or replace the bundle.

I saw this info posted on another forum and Im posting it here since it directly answers your question.

Info is found HERE (http://edis.ifas.ufl.edu/HE652)

What if a new purchase is defective?

If a new product has a defect it should be returned to the place of purchase immediately regardless of the stores return policy. Defective purchases are covered by the Federal Magnuson Moss Warranty Act. New, unused products have an implied warranty regarding their fitness for purpose and use. When you return a defective product in its original package and condition the merchant must refund the purchase price or replace the item unless it was sold "as is."

More info on the Magnuson-Moss Warranty Act can be found HERE (http://en.wikipedia.org/wiki/Magnuson-Moss_Act)

Out of curiosity, I went to my local Gamestop and asked if they offered extended warranties for Rockband. Here is the conversation:

"No we don't offer a warranty. EA Games has asked us to have you go through them directly."

"So, if I bought Rockband here and found when I got home that it was defective, I couldn't return it here?"

"No, you need to go through EA."

"What about your receipt? It says that I can make a return within 7 days..."

"I'm just telling you what we were told to do. Look, there's a sticker on the box that says 'DO NOT return to store.'"

"I understand that, but it says 'DO NOT,' not 'CANNOT.' By Federal Law, you're required to give me a refund or exchange my merchandise if it's defective."

"I'm just telling you what I've been told. If you want to call our corporate office and talk to them about it, feel free."

"OK, thanks."

I understand the guy is just doing his job and telling me what he was told. I found the exact verbiage of the Magnuson-Moss Warranty Act, and read through it, and I did not find anywhere where it said the place of business was required to issue a refund or exchange on defective merchandise. It's more about businesses sticking to their warranties. So, I called the Federal Trade Commission and told the lady about how Gamestop was not offering refunds or returns even though their receipt says they do, and she said that type of thing would be governed by state law. I asked about the Magnuson-Moss Act and she said that it has no bearing on this situation, and again, it would be some sort of state law that would govern it. Discuss.

[sumsh]

Ok, for anyone who cares, I found some more info on returning your defective Rock Band bundle to the store, rather than to EA directly. I called my state Division of Consumer Protection (Utah) and spoke to a guy who said that yes, there is a state law that requires a retailer to replace your defective product, or refund your money within 30 days of purchase if the product is defective. In Utah, it's called the Consumer Sales Practices Act. Here is the verbiage of the section that pertains to this issue:

"It shall be a deceptive act or practice in connection with a consumer transaction when the consumer can provide reasonable proof of purchase from a supplier for the supplier to refuse to give refunds for used, damaged or defective products, unless they are clearly marked "as is" or with some other conspicuous disclaimer of any implied or express warranty, and also clearly marked that no refund will be given."

I told the guy about how Gamestop was refusing to accept my defective Rock Band bundle, and that they wanted me to work directly with the manufacturer instead. He told me to take a copy of this law to the store and if they still refused, I could report them to the Division of Consumer Protection, and the store would get a citation and a fine. I'm still trying to decide if it is worth all this trouble, but at least I know I'm protected by the law. I'm sure other states have a similar law on the books.

[mrfattbill]

Here is my story:

Bought Rock Band from a local Gamestop on December 24th. Got the box home and setup. The bass pedal was not registering expect maybe 1/4 of the time and then not at all. Called Gamestop and was told I had to deal with EA on getting a replacement taken care of. I got a little heated but I didn't feel like arguing about it. I then went to the EA website and got the number to call to handle the replacement. After getting through a few menus I was disconnected. I went through this process 3 different times all resulting in being disconnected.

At this point there is fire coming out of my ears. I decided to go back to the website and go through the question and answer process and it informs me that the bass pedal is defective and needs to be sent back for replacement. I went back into the living room and loaded up a practice song and began messing with the bass pedal. It turned out that when I would wiggle the plug where it connected to the drum kit it would work a little bit more regularly. Now I am pretty sure that it's not the bass pedal as the website is telling me but the female side of the connector on the drums themselves (having to pull the cord so tight in order to get it to reach is going to cause this problem, no idea why it's a pigtail cord instead of a straight cord with some slack in it) Upon this discovery I decide to just go grab another setup from a local Wal-Mart, who as we all know will take anything back, and being that the day after Christmas is fast approaching the place will be a mad house during the return IF I encounter any issues.

I proced to Wal-Mart, find a whole stash of them in the store within the electronics department but nowhere near the video games stiff, lol. I make my purchase and head home for some more troubleshooting.

Upon returning home I immediatley swap out the bass pedals. Low and behold I am still getting the same issues, imagine that. I then go back to my original bass pedal (the one EA deemed to be defective) and pair that with the new drums out of the Wal-Mart box. Taadaa, everything now works flawlessly.

At this point I have 2 options, just keep the second set as a back up and eat the money or take it back and get my money back. I decided to hold off for a few days just incase I encounter any other issues. The next day my orginal guitar develops the double hit downstrum issue. Glad I kept the extra set at this point and I just begin using the other guitar.

On December the 27th I returned the Wal-Mart set to Wal-Mart with absoltely zero issues, in fact there was more then one in the return carts in the front of the stores, along with a number of GH3 sets, lol.

In the past fews days my second guitar has developed 2 problems, first off overdrive by way of the guitar tilt has ceased to work without my having to shake the guitar like a can of paint. It does however work by hitting the button, which I find easier anyway so I was just going to deal with it. However it has also starting to not register down strum hits at all. In order to be able to play the game I went out and bought, from Best Buy with the PRP (Product Replacement Plan) a GH2 set which works perfect other then the fret keys being far apart.

At this point I am probably just going to use my buddies receipt from Best Buy and exchange the guitar under the PRP he purchased when he bought his set. He already had to replace the game after the dog knocked over the 360 and the disk was scratched beyond use. Either that or just do a slow replacement through EA and hope I get a newer version of the guitar.

In the future I will NEVER EVER EVER buy anything from Gamestop again. I have a buddy that is a higher up in the company that I talk to every once in a while and I will be voicing my complaint with him the next time we are in contact.

Thanks for taking the time to read.

Bill

[Tirade]

Here is my story...

Thanks for taking the time to read.

Bill


Good post Bill.

As I said earlier, after the hassle I got from GS exchanging RB, I ended up returning it (it was defective also) and then buying it at Wally World with the 2 year replacement plan.

The newest bundle was also bad so I finally broke down and did the RMA process so that I could get a "2nd generation" guitar, but the first replacement guitar they sent me was someones old return. Anyway, Im now waiting for guitar #5, I hope it ships out today. As soon as I get confirmation that the fixed instruments are being included in the new bundles, I plan to swap my bundle at Wal-Mart the next time there is an issue.

[mrfattbill]

The part that upsets me the most is had I went through with the pedal replacement like the Q&A guided me too the new one would have still not worked. Not to generalize but most people would have been upset enough to not take the time to realize it was a problem with the drums and not the pedal itself.

Post back here if you get a newer guitar revision on your RMA, if so I will probably just do it that way.

Bill

[XuhQshinR]

You can't exchange it with the store you bought it from.... All replacements and such have to be done with EA. The paper you got when you bought the game explains it.

You are correct that the paper that came with the game explains it. Unfortunately that paper is inside of the "Sealed" box so you do not see it until after you purchase the game.

Stores do not regularly open boxes of new items because if you choose not to purchase it after it is opened, they have to sell the item as "open box" at a sugnificant discount.