By Julie Watts

ALAMEDA (CBS 5) – An Alameda man was frustrated in a battle with Walmart over a purchased video game that turned out to be something quite different, until he contacted ConsumerWatch.

When Alan Viduya purchased an Xbox game from Walmart recently,  he found it was instead a bootlegged DVD.

“I have always trusted that whatever I buy in a sealed package will be the product,” he said.

But when Viduya tried to exchange the game, he was told he couldn’t. Walmart’s return policy clearly states “video games must be returned unopened.”

But according to Viduya, there was no other way he could’ve known the game wasn’t in the box unless he opened it.

Viduya turned to ConsumerWatch and our producer called Walmart. The retailer told our producer they had no idea how it could have happened, but understood Mr. Viduya’s frustration.

Walmart did agree to swap out the movie for the video game. But Viduya does have a piece of advice for other gamers. “I would open up the game in front of the clerk to make sure I’m getting what I want,” he said.

CBS 5 contacted the publisher of the game who said it contracts with a certified Microsoft duplicator and had never seen this happen before.




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