Now Is This A Promise?

[Fifth Element]

If you make a bunch of claims about a product, and then the product fails to live up to those claims, that is known as false advertising, unless there are very strong reasons to consider it otherwise. Once you advertise something, you need to take all reasonable efforts to make it so.

In this case, they are not yet accepting for-pay subscriptions, so there is no product yet to make "promises" about.

When they have the for-pay subscriptions ready, and if they claim certain things are available (not things that will be available in the future), and they are not available, that would be false advertising.

Like you say yourself, they need to take all reasonable efforts to make these things so. But if they can't make something work after making reasonable efforts, that doesn't make them "promise-breakers" or whatever.

 

[Mustrum_Ridcully]

The word "promise" is a weird word to use in a business sense in my opinion.

If they advertise a product to me, take my money and then fail to deliver, they haven't lived up to their end of our business relationship. I will cancel my side, and if they've done enough harm, take further action.

If you want to call that a "promise" that's cool. Just to me, promises are things friends and lovers make to eachother. They usually don't concern money. (Usually)

Maybe this tells us something about "our" relationship to WotC. It's not the faceless corporate identity we sometimes claim or fear it is - subconciously we believe they are friends or lovers that promise us something...

 

[Fifth Element]

The word "promise" is a weird word to use in a business sense in my opinion.

Well, a formal obligation to pay a certain amount of money by a certain time is often called a "Promissory Note". I think because it's unsecured debt, and so relies on the borrower's promise to pay.

But yeah, I agree with you. Not sure why we're getting hung up on whether there's a "promise" or not. As Umbran says, it's not really a relevant question.

 

[Merlin the Tuna]

So when you get gas that's supposed to be $3.56 a gallon and it turns out you're being charged $4.00 a gallon, you're okay because the gas pump didn't promise it to you?

I'm not saying that at all. I'm just saying that there's a distinction to be made between when someone says "I'll try to do this," "I will do this," and "I promise to do this." Even though they mean the same thing, there's a different amount of trust and commitment on the line.

I don't expect to be subscribing immediately (if at all), but if I do and they don't deliver, I'll be grumpy. But I won't come onto ENWorld and post 4000 word essays about how I feel betrayed, like I've been punched in the gut/spit in the face/left in the dust/etc. Instead I will say "Oh. That bites. Guess it's time to cancel my subscription," and move on.

 

[Hussar]

Ahh, but Merlin the Tuna - venting your spleen over how the evils of WOTC has crushed your spirit and destroyed your soul is the very core of so many people's post count. If they didn't come here to announce to the world how they have been personally betrayed by ad copy, what would they do?

 

[JoeGKushner]

Its an issue for many customers as WotC has built a reputation for not being able to deliver the electronic products and support that they have advertised (promised, consideration, committed to, ?). This has lead to frustration, disappointment and in many cases anger.

You ain't kidding.

Elder Evils 4e update anyone? The last Eberon book 4e? Any of the last 3.5 hardcovers that had the new logo on them as 4e?

 

[Henry]

You ain't kidding.

Elder Evils 4e update anyone?

Never bought the book, so that one hasn't bugged me.

The last Eberron book 4e?

Not sure what you mean here. Stormreach? I don't rememember anyone promising Stormreach as a 4e product.

Any of the last 3.5 hardcovers that had the new logo on them as 4e?

Not sure what you mean there. Just the fact that their logo changed ahead of the 4e change?

As for "not delivering", in this case I have seen what they're delivering so far -- and it's why I'm considering subscribing. As long as the quality of the two online mags keeps up, I'm golden. If it drops, then I don't resubscribe, simply.

 

[Cadfan]

Obviously, the term "false advertising" isn't well known to this crowd.

If you make a bunch of claims about a product, and then the product fails to live up to those claims, that is known as false advertising, unless there are very strong reasons to consider it otherwise. Once you advertise something, you need to take all reasonable efforts to make it so.

"Bait & Switch" is where you advertise one thing, but when the guy goes to pay, you only have something lesser at the same price -- take it or leave it.


RC

I am an attorney who works in consumer law on behalf of consumers. I am not going to give legal advice on this forum. But if you buy a subscription to the DDI in October, find that it does not have the features you feel you were promised in September, and come to me for advice, the very first thing I'm going to ask you is whether you had access to better information when you made your purchase in October.

Lets just leave it at that.

 

[Mephistopheles]

I'm not too sure what the issue is here. I'd expect just about everyone who has decided they will subscribe will be doing so by the month for the first few months to see what WotC deliver. If it's not up to expectations people will cancel.

 

[Umbran]

Obviously, the term "false advertising" isn't well known to this crowd.

If you make a bunch of claims about a product, and then the product fails to live up to those claims, that is known as false advertising, unless there are very strong reasons to consider it otherwise.

False advertisement is use of misinformation to persuade you to make a purchase, or enter into some other transaction. At the moment, you cannot purchase the goods. They cannot persuade you to pay for a service that they clearly admit does not exist for sale at the present time.

If, at the time they're selling it, they're misrepresenting it, then it might be false advertising.