I suspect the odds of anybody with a balance of Paragon Points or a power set or in-game item recently bought that's now entirely pointless is going to get a refund of any sort is exceedingly low.
I think at best the only people looking at being legally entitled to a refund are those who have paid for a future subscription service. And by future, I'm pretty sure that'll mean "November 30th", not "August 28th", even if that subscription is greatly diminished in value between those two dates due to the news. I doubt anybody will hear claims for refund based on the services paid for between August 28th and November 30th diminishing in quality due to the player base fleeing the game or because your friends couldn't become VIP with you to do the things you wanted to do with you.
According to the EULA of this, and pretty much every video game and console in existence, you don't really buy anything so much as lease it for an indeterminable period of time. It'd be hard to claim that you bought, and subsequently were robbed of, Nature Affinity power set when you really leased Paragon Points which then could be transferred to a vague in game utility of undetermined game value (sometimes none even, in the case of costume pieces).
Especially if the judge hearing the case is old fashioned minded and doesn't understand the internet and sees the Paragon Points or the game subscription as having no inherent value due to being digital or virtual. It's hard to claim that something 'valueless' that you agreed you were leasing until NCSoft decided you weren't has decreased in value and you require compensation or a refund for it. "You spent money on garbage then complained the garbage wasn't up to your standards?" seems like what somebody of that mindset would think.
I think at this point the deck is heavily stacked against us, and we're relying on the goodness of NCSoft's hearts at this point at every juncture, and hoping that they fear enough of a hit to their reputation or fear enough of a hit of customer confidence to the genres they produce to do what we'd consider the right thing to do. And maybe that will happen. So far I've been of the mind to take the approach to see what happens.
I think the most likely way for people getting refunds or for the game to be sold to another studio is for them to worry that frightened customers won't invest so heavily in new properties after a AAA title closed down.
I know a lot of people are suspecting other MMOs will see dollar signs from CoH going down, but I believe it's likely going to be the opposite. People in those games will freeze their own spending habits fearing "If it happened to a AAA game, it could happen here!". A lack of customer confidence can drive business away as fast, if not faster than quality in the game or the quality of the tech behind it. I know the big topic in all the other games I've played isn't so much "Cool, new customers and maybe employees are coming" it's been closer to "Is our game next?". That attitude in itself can drive customers to dive away from the genre.
So, I suspect that NCSoft, if it does indeed start giving out generous refunds of some kind, it'll be motivated more by trying to alleviate fear that customers will be burned if they come to their new products, whether or not they originated in CoH or not.
But considering how fast and unceremoniously axed CoH and Paragon Studios despite it making black, I suspect this is not a high priority concern for them. It's 'other games' problem', I bet. I don't really think that we, in the United States or the EU are NCSoft's primary market, in any real appreciable fashion. Good customer service or building up consumer confidence and loyalty implies you want repeat business. I'm not sure if NCSoft really cares how the west thinks of them. Not because I think they're all racist or anything like that, though I've seen that accusation thrown around a lot. It's more that, if I owned a local chain of a restaurant in Ohio, I might not be super concerned with how well I'm personally liked in Paris, France.
I wish everybody the best of luck with getting a refund, if that's the path they're taking in this situation, or with getting the game to stay online, if that is the path they're taking. I know I'm personally doing what I can to keep the game online, myself.
But I think at this point almost every avenue for legal advancement in this situation relies entirely on hoping the guys at NCSoft have bigger hearts than wallets, and I guess I'm not expecting much on that front in general. I think that if that was true, you wouldn't lay off 80 people over Labor Day weekend and then inform them by a public newsletter on their game's website.