People’s experience with Cyberpunk 2077 has been decidedly mixed. Users on the PC and next-generation consoles have reported a considerably smoother, albeit not perfect experience. One, that is playable from start to finish with only minor hiccups outside core issues.

In stark contrast, previous-gen console players, especially those still using the base models, have reported a nigh unplayable experience. An experience filled with game-breaking bugs, missing textures, crashes, abysmal frame rates, to name the more prominent and persistent complaints.

Until CDPR announced the overhaul patches for January and February, Sony and Microsoft were issuing refunds outside their terms of service guidelines. Following the announcement, consumers were promptly told in more polite language to go pound sand.

Via an official page, Sony has reversed their previous no refund policy to issue universal refunds for digital copies. Effective immediately, any user who purchased the digital version of the game is entitled to a full refund regardless of playtime. For the foreseeable future, the game has been pulled from their storefront.

Cyberpunk 2077 Refunds

SIE strives to ensure a high level of customer satisfaction, therefore we will begin to offer a full refund for all gamers who have purchased Cyberpunk 2077 via PlayStation Store.  SIE will also be removing Cyberpunk 2077 from PlayStation Store until further notice.

Once we have confirmed that you purchased Cyberpunk 2077 via PlayStation Store, we will begin processing your refund.  Please note that completion of the refund may vary based on your payment method and financial institution.

Why has Sony only now begun to take action? The funny thing is that while the US allows TOS to violate their consumer protection laws, most other markets do not. Sony may be keen on telling users to pound sand, but they’re not keen or capable of telling regulatory bodies to do the same.

In a now deleted post,  a lawyer on Reddit laid out how applicable laws in the United States set CDPR and Sony up for a potential class action lawsuit.

Coming from a legal background and working in the legal field, with a game as popular as Cyberpunk there might be an incoming lawsuit. Why you might ask? The performance on Xbox one and PS4.

Before people start throwing the line “what did you expect on last gen consoles”. Well legally, a game that you can finish from start to end. The game has been unplayable to many with crashes to bugs and even false advertising. Microsoft has the marketing deal with cyberpunk and was pushing the marketing for Xbox one. When a game can’t perform on the console you’re marketing that’s one potential lawsuit for false advertising and promoting a game. This doesn’t leave Sony out of the water because they do advertised it. I am not sure how this game went gold. Sure many of the bugs and glitches can get patched out via an online update but there is still an audience without internet access. People live in rural areas, internet could be extremely slow. I used to be one of those people actually. How do you help those people that buy the disc version, install it and can’t finish the game due to bugs? They have no internet access to help them with the update.

If enough people start complaining, all it takes is for one case to go to court and people start signing onto the class action.

Personal opinion: I don’t knock on CDPR. They did what they could for the last gen consoles. But you can’t advertise for a console where it’s not even playable. No textures loading with invisible walls. Countless crashes and bugs that prevent you from continuing the story. It should’ve never been released at the cost of the consumer for profit. That’s what the lawsuit in my opinion will be about. The game was made at the cost of the Xbox one and PS4 consumer. I love CDPR but all it takes is for one person to get upset and it’s going to spiral out of control for them because of the reasons I listed above. I believe to qualify for the class action you must NOT have access to internet. I believe that a judge will rule that if you have internet, you will not be able to sue because you will be able to download a patch. If you have a data cap I think you might be able to sign onto it because it costed you data to “fix” the game. I can also see this case set precedent and get the FTC involved with Microsoft and PlayStation having stricter procedures of releasing a game or going gold. You shouldn’t be able to release a disc game that isn’t playable.

That’s my take. What do you guys think?

Key to his assessment is the availability of a fix. Courts may rule that if you have access to the internet, you have no legal grounds. Yet key to that argument is the existence of a fix. For now and the foreseeable future, no fix exists. It remains questionable whether a fix will ever exist at all for previous generation consoles. With no fix, there is no defense against any potential class action lawsuits.

For now, the game continues to be available on PC at a discounted rate from some Stores. January and February reportedly will see significant overhaul patches intended to bring the game up to snuff.