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Nintendo Purchasers Complain of Gamesmanship

Long Waits, Prepayments, Forced Add-Ons Rile Gamers

By Joseph S. Enoch
ConsumerAffairs.com

November 30, 2006

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A handful of consumers are claiming that For Your Entertainment (FYE), a mall chain store that sells video games, music and movies, is baiting and switching customers who preorder the Nintendo Wii. Patrons of other stores are steamed about long waits, dishonored prepayments and other indignities.

A number of blogs are appearing on the Internet from angry consumers who thought they were going to buy a Wii but instead were forced to buy two games and a $25 FYE gift card.

"Customers are required to buy two games with the system," John Sullivan, FYE spokesman said.

Sullivan never mentioned a gift card, but when ConsumerAffairs.com visited the FYE in Washington, D.C., we were told that if we wanted to enter our name for the next available Wii, we would be forced to buy two games, plus a $50 controller.

But that was only after we asked -- and many bloggers are claiming they were never told until it came time to pick up and purchase the system.

"On June 16th, 2006, I preordered the Nintendo Wii from FYE in Tyson's Corner, Va.," one unnamed blogger wrote. "All was well with the world -- I got my Wii lined up early (or so I thought).

"On November 16th, I received a call that my Wii would be available on Sunday, along with a nasty surprise: I would be REQUIRED to buy a bundle for $400. There was never any mention of this back in June."

Sullivan said FYE has a right to bundle the Wii because they sell it at such a low price. However, their price, $250, is the same as every other store in the nation since Nintendo regulates the retail value.

This case is similar to one a year ago when a Best Buy in Oregon was allegedly forcing consumers to buy expensive accessories with their Microsoft Xbox 360. Many people who had waited in line for hours left empty-handed because they couldn't afford the bundled system.

The Oregon Attorney General, Hardy Myers, stepped in and requested that consumers begin to file complaints against Best Buy for a pending case. Best Buy quickly recitfied the situation by offering refunds for all customers forced to buy accessories.

Jan Margosian, an Oregon Department of Justice spokeswoman said, "If FYE is not advertising this bundled price, then that would be an unlawful trade practice."

Margosian said consumers who have been baited and hooked by FYE should file a complaint with the Oregon Department of Justice.

Those individuals should also file a complaint with ConsumerAffairs.com. All complaints are reviewed by consumer attorneys.

For Sale Or Not?

In Troy, NC, Deborah complained that she went to Wal-Mart on Nov. 29, picked out a Wii and a game, but when the cashier tried to ring it up, she was told the games weren't being sold until Dec. 6.

"It's a bait and switch trick to get people into the store and it sucks," she told ConsumerAffairs.com. "My son's birthday fell on that day and he knew I was going to get it and I returned empty-handed."

In New York, Alyssa went to Nintendo World in Rockfeller Center on Oct. 3 and paid in full for the game console.

"I was told that I would be able to come back to the store on 11/19/06 to pick up my order. On 11/19/06 I went to the store at 2pm. I was told that there was a line to get into the store but that line was now closed," she said.

"I explained to the doorman that I was only there to pick up the merchandise I had already paid for. Several managers came out to explain to me that they could not accommodate me and would not allow me into the store. I was told that I would have to come back on 11/20/06 to pick up the item which they promised to provide me on 11/19/06."

Alyssa said she asked for a refund but was turned down.

"They said that I would have to come back on 11/20/06 for a refund. At the same time, they were allowing people on line who had not pre-ordered anything, to come into their store and purchase the Wii," she said in her complaint to ConsumerAffairs.com.

In Austin, Texas, Marilyn said the Toys R Us Big Book said consumers could preorder a Nintendo Wii on October 29th.

"We arrived at the store two hours before opening and were approached by the Store Manager. He said they distributed the tickets for the purchase at 4:00 a.m.," she said. Marilyn said that contradicted the Big Book listing.

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