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From a quasi legal perspective, the argument would probably be something along the lines of contributory negligence. The consumer has the ability to wait for reviews and decide later whether or not to purchase. There is also the question of whether it is reasonable to rely on developer provided gameplay as indicative of the quality of the game.

I'm far from an expert in that area of law, but generally a fraud claim requires reasonable reliance, and that'd be hard to prove here. I think the best way to hold companies accountable is by refusing to purchase at launch. Consumers ultimately decide what is acceptable.