Gamers’ Voice has confirmed it has now posted its letter, referring Activision to the Office of Fair Trading, as it continues its campaign to get justice for gamers who have bought buggy versions of Black Ops on PC and PS3.
We broke the story last week that the lobbyist group was to take the matter to the government agency after being ‘inundated with complaints’ from gamers around the world.
Gamers’ Voice gave Activision a full calendar month to respond to its open letter, but it failed to do so and the publisher’s time was up earlier this week.
The group have now written and posted the letter off to the OFT and are now waiting for their response.
Chris O’Regan, head of industry relations at Gamers’ Voice, confirmed the news to IncGamers: “Activision has not contacted us and we have just sent a letter to the OFT.”
Below is the letter in full:-
Dear Sir/Madam,

Re: Call of Duty: Black Ops Video Games’ Failure to Function as Advertised

Gamers’ Voice is a consumer advice and lobbyist group that represents computer and video game consumers in the UK.  As part of our remit, we are tasked with ensuring that the purchasers of computer and video games are given a fair hearing when they have a particular issue with a game they have bought.  It is for this reason we are contacting you now, as we have been inundated with complaints from people concerning a particular title that was launched late last year.

On the 9th November 2010, Activision Blizzard, Inc. and its subsidiary, Activision UK Ltd, launched Call of Duty: Black Ops on the Xbox 360, PlayStation 3, PC, Wii and Nintendo DS video game consoles/formats in the UK. Since its launch, both the PlayStation 3 and PC versions of the game have been reported to be plagued by problems that are claimed to render it almost useless as the piece of entertainment the game purports to be. This is especially with regards to its multi-player online component.  This is where the game utilises the internet to connect other players around the world to participate in the game, both cooperatively and in adversarial modes of play.
This element of the game is its major selling-  point and can be the sole reason why people  would purchase it.  With it not functioning as  intended, we can only conclude that as a  product it is faulty and should not have been  released in this state. To make a  comparison to a more familiar product, it is  akin to buying a fridge-freezer only to find  that the freezer component doesn’t work.
The list of problems that have beset the  multiplayer online component of Call of Duty:  Black Ops are as follows:
Sudden disconnections from online multiplayer game sessions
Inability to join servers that play host to multiplayer game sessions
Freezing of PlayStation 3 console, forcing the user to reset it
Main menu freezing as the game is started on the PC version
Note that some of these issues could be generated by user error; however, we have carried out checks on these complaints and we have determined that this was not the case.

Sadly, this is not an exhaustive catalogue of issues people are having with this product. We have been contacted by people not only in the UK, but across the world regarding these issues.  As such we feel compelled to contact you in order to lodge a formal complaint against Activision UK Ltd. and its parent company, Activision Blizzard, Inc.

This complaint is on the basis that Activision UK Ltd are in breach of the Sale of Goods Act 1979 (as amended) which states that when a consumer buys goods they must be: as described; of a satisfactory quality; and fit for any purpose made known at the time of sale to the seller.

It is clear that Call of Duty: Black Ops for the PlayStation 3 and PC is not ‘as described’; of a satisfactory quality or fit for purpose i.e. to entertain, which was stressed at the time of its release.

We can provide you with copies of the correspondence we have received regarding this issue, if such documents were to aid you investigating it further.

We look forward to hearing from you soon.

Paul Younger
Founder and Editor of PC Invasion. Founder of the world's first gaming cafe and Veteran PC gamer of over 22 years.

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