mwb1100: What would you take them to court over? If you've been given a refund, what would the damages be?
Negligent infliction of emotional distress. Pain and suffering. Damages...psychotropic drug fees... vacation to Bermuda to relax from the stress.
mwb1100: Generally (at least in the US), if you're given your money back there would be nothing to sue over. You might get upset because you'd rather have the games then the small amount of money, but that's not something you can successfully sue over.
It is something one can sue over. Whether one can do so successfully is dependent on the state, the judge, the jury, etc. Personally...speaking only for myself...I wouldn't waste the time...take the lumps and move on...but here in America we also sue over everything....so who knows...