FOMO Marketing and EU Laws

Bat · July 2021

Under EU consumer laws "False use of limited offers" is a form of unfair marketing when the offer is in fact not limited; it must be specified in the marketing how many items there are in the stock of the limited item on offer, and in the case of "limited time offers" there needs to be an indication of the final date on which one can buy the item on offer.

Now, ESO does not offer any items that can be compared to other items (such as bicycles for instance where you can compare prices among retailers of the same brands) but I would welcome ZOS to stop FOMO marketing to their customers; it's an aggressive and manipulative type of marketing that certain personality types are very susceptible to, and we all know for a fact that "Limited time only" on more than occasion translates to "We are likely to bring the the item back to the store again at some point in the future; by saying it's a limited time only offer, we're basically trying to make you think that you can't ever get this item again if you don't buy it now, which isn't necessarily the truth as you've seen many examples of."

The EUROPA EU website even specifies with an example of a "limited time offer" that turned out to not be a limited time offer at all, meaning the EU considers it unlawful to make such claims about offers where the item is indeed not limited in such a way that either stock would run out or time is clearly specified.

ESO crown store items can neither be argued to be limited in quantity, nor can they be argued to be definitely limited in time since there are likely more examples of "Limited time only" items that have been brought back to the store (houses, pets, mounts et cetera) than there are examples of items that have been truly only available for a limited time.

I'd like to see a change in advertising policy around this game to be honest. I know you don't have strong consumer laws in the US, but you sell your products on the EU market, too.

Paulytnz · July 2021

Personally I am under the impression people would buy more of these items if they were all available all the time. That's just me tho but I know I would.

Example, right now the Tel Galen house is available and soon Jode's Embrace will be too. Will I buy them? No - simply because I don't have enough crowns or gold right now. If they have a crown sale within the next few days then yes I might be tempted.

However if they were available ALL the time. I would buy them when I do have enough crowns, either from when they next have a crown sale or when my ESO+ crowns gives me enough.

So you see I don't fall for this type of marketing strategy they have in place. I just wont go and spend real dollars because something is available now only or wait again in a year or 2's time. I wont do it because I understand the strategy behind it.

But that's just me of course. I know others WILL fall for it go and do it. But like I said, if ALL the things were available all the time I would probably spend more cash than I currently do as I gain the crowns or gold to do so. And yes paying with gold instead of crowns is just as good, because if it's not me paying real dollars it is somebody who is.

PigofSteel · July 2021

FOMO best strategy.

Destai · July 2021

While people are free to spend as they wish, I strongly urge people to not buy anything that's FOMO. I know you want it. But this behavior from companies will never go away until we vote with our wallets.

Araneae6537 · July 2021

That’s a stretch, IMHO. It’s very common for things to be available or on sale for a limited time, seasonally, and so forth. Unless explicitly stated otherwise, I don’t think anyone thinks the item in question won’t be offered again, although there’s no guarantee that it will or when.

Yes, FOMO will push you toward a purchase if you’re on the fence. And? Lot’s things entice one to purchase, included being on sale. Should we disallow things ever going on sale? Being to sparkly? Forgive me, but it seems absurd. Sure, there have been times I’ve wished everything was always available so that I could buy whatever whenever I wanted it, but I don’t expect any company to offer goods that way, and seasonal items can even be fun, for instance.

Amottica · July 2021

The second paragraph of that linked page is the cornerstone of the issue they are discussing. I have provided it below.

When promoting, selling or supplying products, companies must give you enough accurate information to enable you to make an informed buying decision.

It would seem that Zenimax is providing enough accurate information as they are providing a price and how long it will be available for purchase. We also have the ability to preview most items. I do not see anything misleading of actual items for sale nor is Zenimax demonstrating aggressive behavior or any of the other items presented in that link.

Since I expect Zenimax has a number of attorneys on retainer for consultations on such matters rather than getting their legal advice from the gaming forums.

Araneae6537 · July 2021

Amottica wrote: »

The second paragraph of that linked page is the cornerstone of the issue they are discussing. I have provided it below.

When promoting, selling or supplying products, companies must give you enough accurate information to enable you to make an informed buying decision.

It would seem that Zenimax is providing enough accurate information as they are providing a price and how long it will be available for purchase. We also have the ability to preview most items. I do not see anything misleading of actual items for sale nor is Zenimax demonstrating aggressive behavior or any of the other items presented in that link.

Since I expect Zenimax has a number of attorneys on retainer for consultations on such matters rather than getting their legal advice from the gaming forums.

That’s true! And both in my experience and from all I’ve heard, they’re good about refunds too. I’m not going to say that Zenimax does everything perfectly, but I feel there is transparency at least in what is for sale and when. I feel there has been a lot of positive change too this year with more items available and more ways to get them, including the seals of endeavor.

rpa · July 2021

For me the limited time items in computer gaems (and in physical world) are the prime example of 'fool and their money' after gambling crates. People are actually eagerly waiting and excited for the Shiny#7639623 to become available for €€€ when it is completely in control of seller who wants to squeeze max cash for their unlimited supply of number 7639623.

Bat · July 2021

Araneae6537 wrote: »

That’s a stretch, IMHO. It’s very common for things to be available or on sale for a limited time, seasonally, and so forth. Unless explicitly stated otherwise, I don’t think anyone thinks the item in question won’t be offered again, although there’s no guarantee that it will or when.

Yes, FOMO will push you toward a purchase if you’re on the fence. And? Lot’s things entice one to purchase, included being on sale. Should we disallow things ever going on sale? Being to sparkly? Forgive me, but it seems absurd.

Sorry, but it seems like you're deliberately missing the points in order to be able to attack straw men and argue slippery slopes.

To claim that something will "only" be available during a certain time frame, when in fact a company has made that claim about many of their other products and it has later turned out to have been false claims, surely you can see how that's false advertisement.

PeacefulAnarchy · July 2021

Bat wrote: »

To claim that something will "only" be available during a certain time frame, when in fact a company has made that claim about many of their other products and it has later turned out to have been false claims, surely you can see how that's false advertisement.

"Only" be available for a certain time frame means it is removed from sale after that time. It does not prevent it from returning from sale after that date. There might be discussion about false advertising if it returned the following week, but nothing returns on sale for at least several months.

Also, their promotions don't use the word only.
https://www.elderscrollsonline.com/en-us/news/post/60393
Every item says some variation of " available in the Crown Store on all platforms for a limited time, from July 8 to July 12 at 10am EDT."
The crown store itself just uses the ticking timer, it doesn't say or imply that a discount will never return.

I think FOMO is bad for players and bad for ZOS, but ESO's implementation of sales is not against EU law and trying to attack it from that angle only weakens your overall argument.

Bat · July 2021

Amottica wrote: »

The second paragraph of that linked page is the cornerstone of the issue they are discussing. I have provided it below.

When promoting, selling or supplying products, companies must give you enough accurate information to enable you to make an informed buying decision.

It would seem that Zenimax is providing enough accurate information as they are providing a price and how long it will be available for purchase. We also have the ability to preview most items. I do not see anything misleading of actual items for sale nor is Zenimax demonstrating aggressive behavior or any of the other items presented in that link.

Since I expect Zenimax has a number of attorneys on retainer for consultations on such matters rather than getting their legal advice from the gaming forums.

[snip]

Marketers continually suggesting specific items will be exclusively available during a limited time, only to repeatedly prove themselves wrong on the claims by offering the same items again at later points in time, is a FOMO marketing ploy to its very core. I as a consumer of ZOS's products would like to voice my opinion that I'd rather see they didn't do that, because I find it to be rather distasteful - it's literally designed to be manipulative, and it inadvertently affects people of a certain psychological inclination negatively. I'd much rather they didn't make such claims only to prove themselves wrong on them over and over.

[edited for bashing]

Bat · July 2021

PeacefulAnarchy wrote: »

Bat wrote: »

To claim that something will "only" be available during a certain time frame, when in fact a company has made that claim about many of their other products and it has later turned out to have been false claims, surely you can see how that's false advertisement.

"Only" be available for a certain time frame means it is removed from sale after that time. It does not prevent it from returning from sale after that date. There might be discussion about false advertising if it returned the following week, but nothing returns on sale for at least several months.

Also, their promotions don't use the word only.

Stop.

StevieKingslayer · July 2021

I personally would buy more stuff if it was available when I actually had the money to do so. I believe things should enter the store; and stay in the store. Say for like, 3 months, then the store cycles again.

I love housing, I just cant pull $120(nzd) out of my ass in 9 days for a 'limited time house', I wait till the next year, and then if that house comes on a week I cant afford it again - Oh well, I'll try again next year. Honestly they get less money out of me due to their current marketing strat since they seem to love putting things up on months I cannot justify changing my budget for them.

*shrug*

Bat · July 2021

@StevieKingslayer @Paulytnz

I agree with these sentiments. I would be much more likely to purchase certain things if they were available to me when I felt I could afford them. Apart from being a marketing ploy I find distasteful, being FOMOd means I'm likely to spend less money on their products by their mere act of taking away the options to purchase the items at my own leisure. It doesn't make much sense as a marketing strategy for in-game items imo.

zelaminator · July 2021

One would think they have enough law people hired, to make sure they are within the lines.. Personally I don't even see why it's an issue

Lady_Lindel · July 2021

I wish they had these things available all the time. FOMO could come into play by having a sale on some items occasionally. I would like to be able to plan and save for some of these things. I do buy crowns when they are on sale, but really hate having to wait for something to reappear in the crown store, which can take months. I also keep hoping that we could eventually buy stuff with gift cards. I use to play other games and often would purchase gift cards for small amounts then save them up to get big items. Sometimes my family would give me gift cards for birthday etc.

Bat · July 2021

zelaminator wrote: »

One would think they have enough law people hired, to make sure they are within the lines.. Personally I don't even see why it's an issue

Yes, I'm sure they make certain to operate at the very least in a grey area, and I also never claimed to believe they are directly breaking any laws, so this point you've made doesn't really relate to the topic.

Lady_Galadhiel · July 2021

The business practice is getting old,I not saying it won't work because it does but I am another person who would spend more money if things,specially houses,would be permanently in crown store.
I can understand the Fomo practice with some cheaper stuff like 2k crowns mount or a 1k crowns costume but with expensive things like houses it is just silly.
Houses are the thing that less repeats in crown store,some come back each 2 to 3 years and if you don't have the money in those specific 2 weeks they are on store you need to wait for years for them to come back,which by that time you lost interest in getting them or you don't even play the game anymore.
Expensive things like houses are something people think twice about getting and you may lack of inspiration in that moment so you won't purchase it.
I belive they would make far much more money if houses and expensive mounts would be permanently in the store.

Tandor · July 2021

Let's hope the OP never buys seasonal things in RL like fireworks in November or Christmas trees in December! No Black Friday bargains I trust!

I understand where the OP is coming from, but I don't take these things too seriously in my gaming. The reason I haven't bought any limited time houses in the Crown Store is because I didn't want them, not because of some principled objection to the marketing strategy involved.

Bat · July 2021

Tandor wrote: »

Let's hope the OP never buys seasonal things in RL like fireworks in November or Christmas trees in December! No Black Friday bargains I trust!

I will have to point out that this straw man strategy that some of you deploy is rather tiresome.

[snip] For real, where do you take issue with this.

[edited for bashing]

menedhyn · July 2021

I agree with the sentiment in many of these posts. Limited time availability has frustrated me for several years now. Despite repeated pleas from some players for greater fairness and consideration of those unable to afford impulse purchases, for whatever valid reason they have, the practice continues. I'm not hopeful it will change.

StevieKingslayer wrote: »

I personally would buy more stuff if it was available when I actually had the money to do so.

Aye, same here

jircris11 · July 2021

Bat wrote: »

PeacefulAnarchy wrote: »

Bat wrote: »

To claim that something will "only" be available during a certain time frame, when in fact a company has made that claim about many of their other products and it has later turned out to have been false claims, surely you can see how that's false advertisement.

"Only" be available for a certain time frame means it is removed from sale after that time. It does not prevent it from returning from sale after that date. There might be discussion about false advertising if it returned the following week, but nothing returns on sale for at least several months.

Also, their promotions don't use the word only.

Stop.

They do that all the time then in 3 months its back again for limited time lol.

StevieKingslayer · July 2021

The thing is, things like the halloween items, the christmas themes, the true 'seasonal' stuff, they can STAY as "limited time" items, only popping up for a few days of the year.

Its more like, why the hell can I not buy hunters glade year around? Its not a holiday, it's not anything like that, so why is that not there all year? Take out in the ingame houses you can buy with gold from the base lands, and put those "limited time" houses that come back every dang year there instead.

Danny_Fluke · July 2021

The example you mentioned on the website shows that the limited time promotion was still available when it was checked by the buyer a week later, which could be defined as misleading. I'm no expert, but a quick look into the related directive doesn't actually specify that you cannot return an item pulled from a store again in the future, so for this part, it might rely on past precedents and/or interpretations of the legislative staff presiding over a claim in such an incident (1 week might be considered to be a breach, yet 1 year after might not). Then again, there might be actual legislature wherever you are that does specify this.

The closest example I can think of, yet possibly not applicable in terms of "traders" or "products" would be limited time availability of promotional food dishes. Restaurant A sells the dish for a month as a limited-time promotional item, after which they stop selling it again. A year later, due to popular demand, they return the dish again for another month for consumers to have it again. [snip]

That being said, I would welcome a change in how they advertise or even sell things. Even with showcases of upcoming crown store offerings, I'm sometimes hard-pressed to set aside some budget to actually buy the things because it's only about a month's worth of notice, and even then I'm not even sure if I will buy the item. Even if it weren't a permanent addition to the store, it would be nice to have it there for a little longer, maybe a couple of months. It gives time to check out and see if I really want the item seeing it in my game, as well as prepare the budget for it.

[edited for bashing]

alberichtano · July 2021

Interestingly I just watched a couple of clips relating to this on teh tubez. I can recommend "The Addictive Cost Of Predatory Videogame Monetization (The Jimquisition)" if anyone is interested.

alberichtano · July 2021

Danny_Fluke wrote: »

The example you mentioned on the website shows that the limited time promotion was still available when it was checked by the buyer a week later, which could be defined as misleading. I'm no expert, but a quick look into the related directive doesn't actually specify that you cannot return an item pulled from a store again in the future, so for this part, it might rely on past precedents and/or interpretations of the legislative staff presiding over a claim in such an incident (1 week might be considered to be a breach, yet 1 year after might not). Then again, there might be actual legislature wherever you are that does specify this.

The closest example I can think of, yet possibly not applicable in terms of "traders" or "products" would be limited time availability of promotional food dishes. Restaurant A sells the dish for a month as a limited-time promotional item, after which they stop selling it again. A year later, due to popular demand, they return the dish again for another month for consumers to have it again. [snip]

That being said, I would welcome a change in how they advertise or even sell things. Even with showcases of upcoming crown store offerings, I'm sometimes hard-pressed to set aside some budget to actually buy the things because it's only about a month's worth of notice, and even then I'm not even sure if I will buy the item. Even if it weren't a permanent addition to the store, it would be nice to have it there for a little longer, maybe a couple of months. It gives time to check out and see if I really want the item seeing it in my game, as well as prepare the budget for it.

The whole point is to try to disengage the slow, critical thinking and activate the more FOMO-driven instincts to buy or risk missing out.

Now, admittedly, ESO is far from the worst in this respect, as a month is still quite a bit of time to think and rethink, but the idea is still roughly the same. Get it now or you might be sorry later.

[edited to remove quote]

wolfie1.0. · July 2021

Isn't everything we buy in ESO "limited" I mean technically we really don't own anything permanent in the game. we are all just paying for access, access which ZOS can reject at any time. Also, there are legal arguments that can be made that the actual exchange of monetary goods occurs when you purchase crowns not necessarily when you use those crowns to purchase items from the crown store. Which, per ZOS TOS, when you purchase crowns you are again purchasing an access license to said crowns, and the use of them to purchase additional licenses to access content. or something like that, I am no lawyer.

while I see the OP's point, the reality is that posting something like this here won't accomplish very much, as ZOS can just ignore the post, delete it, or just give it such low priority that it might as well not exist. Also remember that ZOS is now an owned subsidiary of Microsoft, so they are now backed my Microsoft legal council

If you really want to bring about change you are going to need to file consumer complaints through the EU reporting process (not sure what that is) or take legal action through the courts. Otherwise Microsoft/ZOS won't care all that much.

zelaminator · July 2021

Bat wrote: »

zelaminator wrote: »

One would think they have enough law people hired, to make sure they are within the lines.. Personally I don't even see why it's an issue

Yes, I'm sure they make certain to operate at the very least in a grey area, and I also never claimed to believe they are directly breaking any laws, so this point you've made doesn't really relate to the topic.

Maybe to you it does not relate.. Personally I see no need for a thread like this.. we are all different.. I feel pretty sure that they know these laws better than 99% of us, and that almost all the players don't really care in the end..

Amottica · July 2021

Bat wrote: »

Amottica wrote: »

The second paragraph of that linked page is the cornerstone of the issue they are discussing. I have provided it below.

When promoting, selling or supplying products, companies must give you enough accurate information to enable you to make an informed buying decision.

It would seem that Zenimax is providing enough accurate information as they are providing a price and how long it will be available for purchase. We also have the ability to preview most items. I do not see anything misleading of actual items for sale nor is Zenimax demonstrating aggressive behavior or any of the other items presented in that link.

Since I expect Zenimax has a number of attorneys on retainer for consultations on such matters rather than getting their legal advice from the gaming forums.

[snip]

Marketers continually suggesting specific items will be exclusively available during a limited time, only to repeatedly prove themselves wrong on the claims by offering the same items again at later points in time, is a FOMO marketing ploy to its very core. I as a consumer of ZOS's products would like to voice my opinion that I'd rather see they didn't do that, because I find it to be rather distasteful - it's literally designed to be manipulative, and it inadvertently affects people of a certain psychological inclination negatively. I'd much rather they didn't make such claims only to prove themselves wrong on them over and over.

Zenimax said it would be available for a limited time and it was available for a limited time. It is still available for a limited time.

I respect that you have an opinion on the matter but I again suggest that Zenimax will continue to rely on the legal experts for accurate advice concerning their practices and this law. Until the legal authorities say otherwise it seems clear Zenimax seems safe to continue as they are.

[edited to remove quote]

spartaxoxo · July 2021

Limited only pretty rarely means literally forever, so I don't see how it's misleading since it's common vernacular.

It means it won't come back soon, not that it will never return. Like most limited time items. And when it does come back, it's seldom permanent either

JTD · July 2021

Zodiarkslayer wrote: »

[snip]

Let me correct that for you.

[snip] Nobody is going to look out for you except you. Make a conscious choice on what and when to buy something.

I do wish EU laws would be more on point and brought into 202X marketing and sales.

[edited to remove quote & for bashing]