If they don’t have the kind of cash flow to give a refund, they probably don’t have the cash flow to pay for a lawsuit. Most companies and people rely on the fear of defamation laws to avoid bad reviews.
I recently had a company not fulfill a service that I paid them for. I paid them to do service on my car. They returned the car without doing the work I paid them for. They were apologetic but never returned my money until I started to leave negative reviews. I chose my words carefully and honestly.
If they advertised that they would refund your money in the case of a failed DTV, be specific in your review if you leave one.