[Update] Migliaccio & Rathod reached out to me to clarify that they also intend to “pursue hundreds of individual arbitrations” in addition to the class action lawsuit in California. They call this their two-pronged attack.

As for the 26 day deadline, this stems from Zenimax’s legal terms in paragraph 15, section A. It says: “If ZeniMax does not resolve the Dispute to your satisfaction within forty-five (45) days after receipt of Your written notification, You may pursue Your Dispute in arbitration.”

[Original Story]Law firm Migliaccio & Rathod made headlines last year after the release of Fallout 76. After multiple complaints over Fallout 76‘s quality and numerous other controversies, the law firm launched a lawsuit against Bethesda over deceptive trade practices. While it’s been quiet lately, the case is still alive, if the firm’s latest Instagram post is any indication.

The firm is calling it “Arbageddon.” Here’s some background info from their post:

In recent years, a slim majority of the United States Supreme Court has permitted corporations to deprive consumers of their day in court, especially with respect to class action claims. Corporations do so by inserting “arbitration clauses” into the fine print of documents that consumers may not even see…

This is, according to Migliaccio & Rathod, a way for companies to prevent class action lawsuits or “make it economically impossible for individuals to vindicate their rights for claims that concern only a relatively small amount of money.”

One of these arbitration clauses was included in Fallout 76, and before players could begin the game they had to agree to it. While indeed, players who signed this are basically ineligible to be part of a class action lawsuit, the firm is taking this case to California, the only seemingly possible state to be exempt from this rule.

The firm sent “hundreds of individual demand letters” to Bethesda. Now, the gaming company has 26 days to settle out of court. If not, the matter will be taken to court for California Fallout 76 players. Then, it’ll be up to the judge and the court to decide where things go from there. As of right now, there’s no true way of knowing how this case will develop until Bethesda responds.

“If they do not do so, we will pursue hundreds of arbitrations and the full weight of Arbageddon will be upon them,” said the post.

Although this issue is months old now, the real case is just beginning. Stay tuned to TechRaptor for new developments on the case.

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Austin Suther

I love to write, and I love to game. So, I've combined those two hobbies into one! Some of my favorite games include Fire Emblem, Halo, The Elder Scrolls, and World of Warcraft. Sometimes I like to read the occasional fantasy novel, too!



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