In this day and age around corporate practices, I completely understand the apathy towards such a complaint, but the reality in this current one is much much different.  Something already has come out of this, meaning a government body is currently investigating this and questioning Activision.  If it wasn't a solid enough complaint, the Ministry would not be investigating it and the file would have been closed months ago.  The file was handed to the Ministry back in April of 2012 and remains open even after the last response from Activision which we received today.

It's important for other consumers in Ontario to step forward with their concerns, so that the Ministry can judge the scope of this misrepresentation in Ontario, and to ensure that no other laws have been broken in the process. 

If we allow apathy to take the day here, than false advertising, and misrepresentation of the games we buy will become way more widespread than it is today, and a lot worse.

If you read the OP (original post) and complaint we sent in you would know that the goal of this complaint is not to nullify the contract, but to ensure that the contract and terms of it were advertised and disclosed at point of sale to consumers which it wasn't.

Your last response is still very apthetic.  Corporate Lawyers should not be a deterrent to following through with your rights as consumers. 

Rogers brought forth their lawyers, Cisco engineers, and MIT experts to our CRTC case all in which where proven wrong. As a result, both Rogers and Bell are phasing out throttling by December 2012.  You can check to see if your Rogers connection is still being throttled here:

http://promo.orderrogers.ca/trafficmanagement/en/?cm_mmc=Redirects-_-Consumer_Tr affic_ENG-_-Traffic_2012-_-traffic

While throttling presents major issues for developers and publishers of online games, the gaming industry continues to refuse to step up for consumers on the throttling issue even in the US.  The throttling of Internet connections is still very much in play in the US.  This is a problem for games such as Call of Duty who rely on P2P connectivity rather than dedicated servers.  This means more in game lag as a result, and through our research and testing throttling only presents itself while in game, not in the lobby where intial matchmaking is taking place.  It's funny that last night on this very board I read so much about the wishes for black ops 2.  In fact before almost every release there are complaints from gamers to fix the lag issues, which are never fixed because of the problems COD's match making has on identifying throttled connections.  The only way to compensate for this is through the use of dedicated servers and most devs, and AV know this as fact.  AV will not do that because it's profit over consumer so don't expect any lag issues to be worked out in the short term. It's precisely profit over consumers mentality that lead to Activision misleading consumers on Elite Premium, and we're hoping that by consumers exercising their rights, might change this mentality.

While corporate lawyers maybe a deterrent for some in complaining, I personally believe that the bigger more wider picture is that consumers complaining and exercising their rights is much more of a deterrent that carries series risk for companies who don't abide by our rights and laws. While we are hoping for reimbursement of pre-ordered Elite Premium memberships, sometimes the message sent is more important than financial gain.  It's a personal decision each gamer has to make, however change has to start somewhere, as it did with Rogers and throttling of internet connections in Canada.

With respect to throttling, my connection is no longer throttled on Rogers.  I've just upgraded to a Docsis 3.0 modem from Rogers, and I'm now getting 2.1 mbps real time speeds off of my downloads. They were 1.1 mbps when Rogers took off the throttling on my connection.  Uploads are still capped at 64 kbps which was the upload speed I was getting before this throttling stuff started.

Our facebook group is located: https://www.facebook.com/groups/142158409200789/

Our website is located here: http://openmedia.ca/gamers

We expect the lag issues with P2P client games such as COD to get much worse in the short term not better, due to games like call of duty selecting host peers from the US.  Currently the US government is looking into data caps and dealing with those.  Once a decision comes down by the FTC on data caps, you probably can expect US ISPs to ramp up on the throttling until consumers in the US deal with that issue.  Game publishers have so far refused to enter this debate politically even though they know it effects their products greatly:

http://www.huffingtonpost.ca/peter-nowak/isp-bandwidth-cap_b_952463.html

We are working closely with our US counterparts http://www.leagueforgamers.org/ which is a gamer advocacy group newly formed in the US due to the SOPA/PIPA support from major game publishers a few months back, on our efforts with throttling.

In Canada it's flipped.  We've dealt with the throttling, now it's the data caps both of which effect the gaming industry in a lot of ways. 

As for the other stuff, as a mature gamer myself, and hardened edition purchaser, I can tell you if I had known that Elite Premium content drops were delayed by this pact, I would have never bought into it. The whole point was to try out the new maps before anyone else, not to sit there for a month while other premium users on different platforms "spoil" the fun.  The main selling point to gamers on premium memberships pre-release was that premium members would get content first and there was no mention on "first before everyone on your platform" during the pre-release ad campain which also should have been legally disclosed.  They very clearly mislead consumers to believe otherwise.  I'm also speaking about that as a fan of the series, and watching all the pre-release hype they put out and interviews that were done with IW and AV.  They had a legal obligation to disclose the deal with XBOX on this new service which effected the time line of the content.  This was not done until after release, that's wrong and not legal.