Force Feedback on Xbox 360 Racing Wheel using Wireless Gaming Reciever in Windows 7

So, are you a lawyer, studying law, or just a really 'Pd' off citizen who got stuck into

some serious research ?

Whatever the case -

Below is my argument against Microsoft's actions, based on Canadian law. Initially, I had to call them and it began like all my other calls until I began citing specific Canadian laws. They set me up with a support ticket by email, where I communicated my argument in writing. Amazingly, the misleading marketing is still present on Microsoft's web site to this day!

Microsoft sold a product in Canada and internationally known as the "Xbox 360 Wireless Racing Wheel with Force Feedback" (http://www.amazon.com/Xbox-360-Wireless-Racing-Wheel/dp/B000VBIGK4) as well as another product known as the "Microsoft Xbox 360™ Wireless Gaming Receiver for Windows®" which allows the connection of Xbox 360 accessories to a PC running Windows. In official marketing materials for the Wireless Gaming Receiver, it is promised, "Future drivers available for Windows Vista™ and Force Feedback for the Wireless Racing Wheel" (source: http://www.microsoft.com/games/en-US/Hardware/Controllers/Pages/XboxWirelessGamingReceiverforWindows.aspx).

Force Feedback describes the motorized turning of a racing simulation steering wheel during various levels of simulated traction. It is not to be confused with Vibration Feedback, which is simply the motorized vibration of the steering wheel during various levels of rough terrain. Force Feedback is clearly demonstrated in this video clip (http://www.youtube.com/watch?v=38HfUM1ImYY).

When using the Wireless Racing Wheel in conjunction with the Wireless Gaming Receiver on a computer running Windows, Force Feedback does not occur, and this is verified by many other consumers (e.g. http://answers.microsoft.com/en-us/windows/forum/windows\_7-gaming/force-feedback-on-xbox-360-racing-wheel-using/f5140785-e66b-44c6-b3e6-db62f4bd9edf?page=1).

Microsoft's product description page currently displays this false and misleading advertising, and by using the web archival service http://www.archive.org, it can be seen that Microsoft has made this claim as early as January 31, 2009 (http://web.archive.org/web/20090131072625/http://www.microsoft.com/games/en-US/Hardware/Controllers/Pages/XboxWirelessGamingReceiverforWindows.aspx).

It has now been nearly four years since the initial marketing claim was made. Microsoft has since discontinued the production and sale of both accessories and to this date no Force Feedback drivers have been made available for Windows Vista™ or other Windows operating systems, as promised in marketing materials. Microsoft has been made aware of this issue and have made no effort to rectify the situation (source: http://answers.microsoft.com/en-us/windows/forum/windows\_7-gaming/force-feedback-on-xbox-360-racing-wheel-using/f5140785-e66b-44c6-b3e6-db62f4bd9edf?page=1). I personally have telephoned Microsoft Support to discuss the issue and they have stated that they have no plans to fulfill the marketing claims they have made.

Canada's Competition Act (R.S.C., 1985, c. C-34), Part VII.1, Section 74.01 (1) (http://www.laws.justice.gc.ca/eng/acts/C-34/page-41.html#h-24), states:

A person engages in reviewable conduct who, for the purpose of promoting, directly or indirectly, the supply or use of a product or for the purpose of promoting, directly or indirectly, any business interest, by any means whatever,

    (a) makes a representation to the public that is false or misleading in a material respect;

    (b) makes a representation to the public in the form of a statement, warranty or guarantee of the performance, efficacy or length of life of a product that is not based on an adequate and proper test thereof, the proof of which lies on the person making the representation; or

    (c) makes a representation to the public in a form that purports to be

        (i) a warranty or guarantee of a product, or

        (ii) a promise to replace, maintain or repair an article or any part thereof or to repeat or continue a service until it has achieved a specified result,

    if the form of purported warranty or guarantee or promise is materially misleading or if there is no reasonable prospect that it will be carried out.

Additionally, Canada's Consumer Packaging and Labelling Act (R.S.C., 1985, c. C-38), 1970-71-72, c. 41, s. 7 (http://www.laws.justice.gc.ca/eng/acts/C-38/page-2.html#h-4) states:

    No dealer shall apply to any prepackaged product or sell, import into Canada or advertise any prepackaged product that has applied to it a label containing any false or misleading representation that relates to or may reasonably be regarded as relating to that product.

    Definition of “false or misleading representation”

    (2) For the purposes of this section, “false or misleading representation” includes

        (a) any representation in which expressions, words, figures, depictions or symbols are used, arranged or shown in a manner that may reasonably be regarded as qualifying the declared net quantity of a prepackaged product or as likely to deceive a consumer with respect to the net quantity of a prepackaged product;

        (b) any expression, word, figure, depiction or symbol that implies or may reasonably be regarded as implying that a prepackaged product contains any matter not contained in it or does not contain any matter in fact contained in it; and

        (c) any description or illustration of the type, quality, performance, function, origin or method of manufacture or production of a prepackaged product that may reasonably be regarded as likely to deceive a consumer with respect to the matter so described or illustrated.

I suspect that Microsoft's marketing materials, including http://www.microsoft.com/games/en-US/Hardware/Controllers/Pages/XboxWirelessGamingReceiverforWindows.aspx , are in violation of these Canadian statutes.

Mate, you are a legend....   

What's most impressing is you challenged the source instead of just returning it to the point of

sale and using the (to paraphrase the consumer law here in Oz) *'does not work as intended'*rule.

Good news, guys! I was able to get $100 worth of hardware/software from Microsoft after writing a detailed complaint referencing the Consumer Packaging and Labelling Act (http://www.competitionbureau.gc.ca/eic/site/cb-bc.nsf/eng/01248.html#False), particularly the False and Misleading Representations clause, with regard to the packaging of the Microsoft Wireless Gaming Receiver, which stated that drivers for Windows Vista would be released, and the product has since been discontinued, indicating that they have no intention of fulfilling their obligation, as well as the Consumer Protection Act of 1992.

They took it a lot more seriously when I referenced the laws, as opposed to the numerous times before when I would just call and inquire. They ended up giving me my choice of hardware from a list, and I responded back asking if I could get different hardware, along with a piece of software, and they agreed.

These are Canadian laws, but I urge Canadians and international customers alike to contact the consumer protection organizations in your jurisdictions, as well as Microsoft.