volbound1700
Smash Master
Check the terms, if they guarantee or warrant the good by the certain release date (say December 3rd) a possible Class Action suit for Breach of Contract may be available against Nintendo and the retailer you purchased the product from. However, it will be hard to get damages outside of the price of the good (refund of fifty dollars). The way you could argue is if you planned a trip or event around the good and you relied upon the good to your detriment. If so then you could get more then the refund of fifty dollars. Also the joining of all pre-orders would lead to a larger verdict.