Aside from fidelity as being the issue, that hard fact remains, that the customer was told that the product was one thing and not the other. Simple as that.
Washington Post article on MoFi vs. Fremer vs. Esposito
Here's a link to a Washington Post article on the recent dustup with MoFi. The comments section (including posts by Michael Fremer) are interesting.
Disclaimer: This is a "public service announcement, a point Im adding since some forum members complained the last article I referenced here was "paywall protected", I'll note that, for those who are non-subscribers, free access to limited numbers of articles is available by registering (trade-off: The Post will deluge you with subscription offers)