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Nasty part of EULA not valid in the following states

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Comments

  • NinjaNerfNinjaNerf Member Posts: 163
    Originally posted by Gyrus

    Originally posted by NinjaNerf

    Originally posted by ArcAngel3
    Gamers should also know that they can have the cost of attorney fees covered if they win their case.  So, the cost of legal fees need not stand in the way of them standing up for their rights as citizens.
    MMO companies can only abuse consumer rights if consumers remain ignorant or misinformed.
     



     

    What if you lose the case? Then you pay thousands of dollars  to your lawyer. If you win you only get $15 a month subscription back.

    I wonder if this kind of cases can be settled in small claims court. Since you don't need (and can't use) a lawyer in the worst case you only lose like $50 for filing a claim.

     

    If you are only after the cost of the game back (a refund) then it shouldn't exceed the small claims limit.

     

    But again, this is where the US consumer laws seem to be lacking?

    In some countries, if the consumer advocate body agrees that you have a valid complaint they will take up the case.



     

    Any claims over $5,000 can't not be brought to small claims court in the US. Similiar amount for many other countries. Considering at most $15 a month subscription fee for mmo you could have played an mmo for more than 25 years and still be able to claim back all the money you spent on it if you have a legitimate reason and win.

    The US  government does provide 'protection' for the rights of the consumers. The Better Business Bureau (BBB) is supposed to be the referee helping to settle the discrepencies between consumers and busineess (online games included). BBB maintains a rating of busineess from A+ to F and is also responsible for warning consumers about questionable practices such as misleading product descriptions and false advertising but in reality they have hardly done anything in recent years. If conflicts between the consumers and the businesses are still not resolved (very very very often they aren't),  the issues can be brought into the attention of the Federal Trade Commission (FTC) upon the requests of the consumers. Do expect the FTC to throw your claims out in your face though. Usually they only deal with felonies unless you can find some other victims in your case to elevate it to Class status.

  • ArcAngel3ArcAngel3 Member Posts: 2,931
    Originally posted by NinjaNerf

    Originally posted by Gyrus

    Originally posted by NinjaNerf

    Originally posted by ArcAngel3
    Gamers should also know that they can have the cost of attorney fees covered if they win their case.  So, the cost of legal fees need not stand in the way of them standing up for their rights as citizens.
    MMO companies can only abuse consumer rights if consumers remain ignorant or misinformed.
     



     

    What if you lose the case? Then you pay thousands of dollars  to your lawyer. If you win you only get $15 a month subscription back.

    I wonder if this kind of cases can be settled in small claims court. Since you don't need (and can't use) a lawyer in the worst case you only lose like $50 for filing a claim.

     

    If you are only after the cost of the game back (a refund) then it shouldn't exceed the small claims limit.

     

    But again, this is where the US consumer laws seem to be lacking?

    In some countries, if the consumer advocate body agrees that you have a valid complaint they will take up the case.



     

    Any claims over $5,000 can't not be brought to small claims court in the US. Similiar amount for many other countries. Considering at most $15 a month subscription fee for mmo you could have played an mmo for more than 25 years and still be able to claim back all the money you spent on it if you have a legitimate reason and win.

    The US  government does provide 'protection' for the rights of the consumers. The Better Business Bureau (BBB) is supposed to be the referee helping to settle the discrepencies between consumers and busineess (online games included). BBB maintains a rating of busineess from A+ to F and is also responsible for warning consumers about questionable practices such as misleading product descriptions and false advertising but in reality they have hardly done anything in recent years. If conflicts between the consumers and the businesses are still not resolved (very very very often they aren't),  the issues can be brought into the attention of the Federal Trade Commission (FTC) upon the requests of the consumers. Do expect the FTC to throw your claims out in your face though. Usually they only deal with felonies unless you can find some other victims in your case to elevate it to Class status.



     

    People have gone through the BBB to address concerns about MMOs.  Many MMO companies have ratings that you can check.  Good idea, actually.   In my experience, it's true that the FTC will most likely address something if it affects a large number of people (class status, as you say).

    An MMO that doesn't work as advertised and burns thousands of people might well get their attention.  Likewise one that is broken via a patch; especially if the gamers are potected by implied warranties in the states listed, and the company refuses to honour this.

    Just food for thought for gamers if you get into a bad spot; and something to think about for game companies fond of quoting their "as is" clause, which may have no validity whatsoever for many of their customers.

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