Class Action Lawsuit

  • Cogo
    Cogo
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    BeeK wrote: »
    Angry Dude: "(long diatribe omitted)...so I want my free thirty days of game play, now!"

    Lawyer: "Let me see if I have this correct. You paid $100, plus shipping for a game -"

    Angry Dude: "Correct."

    Lawyer: "Under the assumption that you could play for free?"

    Angry Dude: "Well, yeah..."

    Lawyer: "Am I missing something here? I mean, wouldn't it be wise to play a free game? And then there's the subscription fee, which is obvious."

    Angry Dude: "But... I JUST WANT MY 30 DAYS! GAH!"

    Lawyer: "Do you have a bank account?"

    Angry Dude: "Well, yes, but it's only got $8.35 currently...maybe less, I bought a cappuccino frappe latte super sweet no cream yesterday and that might dent the balance a tad."

    Lawyer: "Ehem...um, Paypal?"

    Angry Dude: "Blasphemy! I only play FREE GAMES!"

    Lawyer: "But, you paid more than a hundred dollars for the -"

    Angry Dude: "DETAILS! I WANT MY FREE 30 DAYS NOW!"

    Lawyer: "Yeah, we're done here."

    ;)

    This guy sums it up pretty nicely.

    Before I reed the whole starting post, I thought this was a joke.

    What universe do some people live in, who buys a game, clearly stating the service of the game and the monthly cost, and demand it for free? No matter the reason......what the...?
    Oghur Hatemachine, Guild leader of The Nephilim - EU Megaserver
    Orc Weapon Specialist and Warchief of the Ebonheart Pact - Trueflame Cyrodiil War Campaign
    Guildsite: The Nephilim

    "I don't agree with what you are saying, but I'll defend to the death your right to say it"
    -Voltaire

    "My build? Improvise, overcome and adapt!"
  • Dodece
    Dodece
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    @‌
    otomodachi wrote: »

    The current word-

    "Response By Email (aHuman) (04/06/2014 08:00 PM)
    Greetings!
    I'm sorry that you feel this way about the game. I know that there are some issues presently with it, but they are hard at work fixing the issues that come up. I would give up yet!

    For the refund policy for online games, usually after a certain amount of time, you are not able to refund it (virtual items/games/etc). I've had this happen a few times to me and I ended up having to keep a game that I did not want.

    I will migrate this ticket to the folks going through refund requests. I can't guarantee they will be able to refund, but if they can, we'll process your refund for you.

    Regards,
    Person
    The Elder Scrolls Online Team"

    Please reference lemon laws. Most states, nations, and regions have what are called lemon laws. You are entitled under the law to a full refund if you apply for it within the grace period. Provided you haven't done something untoward to the product. The bottom line is in many instances they have no legal right to refuse if you request the refund within the grace period. Which they probably wont, but if they do. Keep a copy of your electronic correspondence so you can provide it to the appropriate authority.

    If you can't get satisfaction. Chances are for the sake of an example your State Attorney General. Can and will get it for you. Most companies prefer not to be at the end of that particular microscope. Refunding eighty dollars is worth it to avoid such hassle.

    Anyway it isn't as if you don't have legal recourse. Without even having to go to the bother of finding an attorney to take the case, but I honestly don't see it having to go so far as to involve governmental officials. They will probably decide to do the obviously smart thing, and amend their subscription policies. It after all would probably take them a couple hours coding at most. Which is far more cost effective then having their phone lines tied up with irate customers. Who are demanding refunds, or fielding calls from retailers who are trying to figure out if they have to pull the product from their shelves.

    Anyway like I said give it a day before you tie yourself up in knots.
  • Cogo
    Cogo
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    hefrocko2 wrote: »
    If people just get their 100% refund, I think all will be happy. Zenimax just lost a chunk of customers.

    There are legal rules for this scenario. Fine print isn’t supposed to contradict other statements in an ad or clear up false impressions the organization might leave. In other words, if the headline says 30 days free, the fine print can't pose stipulations - such as the registration of a credit card for a an initial test payment.

    Also, disclosures should be “clear and conspicuous.” That means the important stuff is not supposed to be hidden in teeny tiny print.

    Basically, no one can use the fine print as a "well, you should have known" argument. This is like the human centipad episode of South Park.

    No, Zenimax did not loose any customers, since what you are stating, clearly are not customers in the first place.

    If you read the product you purchased, it clearly states what services are included and what costs will be applied.

    Am I missing something here or are you only reading the text you like?
    Oghur Hatemachine, Guild leader of The Nephilim - EU Megaserver
    Orc Weapon Specialist and Warchief of the Ebonheart Pact - Trueflame Cyrodiil War Campaign
    Guildsite: The Nephilim

    "I don't agree with what you are saying, but I'll defend to the death your right to say it"
    -Voltaire

    "My build? Improvise, overcome and adapt!"
  • dragoaskani
    dragoaskani
    Soul Shriven
    True laura, but theres even more fine print too. If they read the whole thing they wouldn't be freaking out. (though I still dont understand why they chose a $15.00 auth instead of a $1.00. Seems arbitrary since the point is to make sure its a valid card)

    Additional Requirements

    30 DAYS UNLIMITED GAME PLAY INCLUDED WITH PURCHASE. VALID PAYMENT METHOD OR PAID GAME TIME CARD FOR SUBSCRIPTION AND PERSISTENT INTERNET CONNECTION REQUIRED.

    Acceptance of End User License Agreement, Terms of Service, and Privacy Policy, and account registration using enclosed one-time use activation code, required to play. Must be 13+ to register. The 30 days of unlimited game play begins when you select your preferred subscription plan on store.elderscrollsonline.com. Subscription fees only charged for game access after the first 30 days, subject to cancellation by you at any time. No refunds or credits for partial months. If you choose to pay for your subscription with a prepaid non-recurring payment method or with a Game Time Card you will be charged at the time you select the subscription plan. See store.elderscrollsonline.com for details. Product requires installation of application software. The Elder Scrolls® Online service may be discontinued, and content modified, disabled, suspended or removed, at any time. See Terms of Service and Privacy Policy.
  • DanteYoda
    DanteYoda
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    All these people laughing and throwing ridiculous ESO Tos at people, its not the first game company to come under fire in the courts and it wont be the last.

    If you can get enough angry customers together you can and will go to court and even maybe win.

    Also as most of the angery customers can't even add their CD keys cause they have no CC its kinda hard to agree to a ToS when you haven't even had the chance too.
  • otomodachi
    otomodachi
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    Dodece wrote: »
    @‌
    Please reference lemon laws. Most states, nations, and regions have what are called lemon laws. You are entitled under the law to a full refund if you apply for it within the grace period. Provided you haven't done something untoward to the product. The bottom line is in many instances they have no legal right to refuse if you request the refund within the grace period. Which they probably wont, but if they do. Keep a copy of your electronic correspondence so you can provide it to the appropriate authority.

    If you can't get satisfaction. Chances are for the sake of an example your State Attorney General. Can and will get it for you. Most companies prefer not to be at the end of that particular microscope. Refunding eighty dollars is worth it to avoid such hassle.

    Anyway it isn't as if you don't have legal recourse. Without even having to go to the bother of finding an attorney to take the case, but I honestly don't see it having to go so far as to involve governmental officials. They will probably decide to do the obviously smart thing, and amend their subscription policies. It after all would probably take them a couple hours coding at most. Which is far more cost effective then having their phone lines tied up with irate customers. Who are demanding refunds, or fielding calls from retailers who are trying to figure out if they have to pull the product from their shelves.

    Anyway like I said give it a day before you tie yourself up in knots.

    LOL, I know, I live in Maine. I am gonna get a refund no matter what, even if I have to do it as a chargeback, but I imagine everyone who wants one will get taken care of in time.

    Just annoyed, I've been waiting since 8:20 am EST on 4.4.14, that's, like, I should've been ahead of the crowds except some idiot resolved my ticket without doing anything useful.
    What do you gain by criticizing a CSR complaint?
  • Sakiri
    Sakiri
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    hefrocko2 wrote: »
    If people just get their 100% refund, I think all will be happy. Zenimax just lost a chunk of customers.

    There are legal rules for this scenario. Fine print isn’t supposed to contradict other statements in an ad or clear up false impressions the organization might leave. In other words, if the headline says 30 days free, the fine print can't pose stipulations - such as the registration of a credit card for a an initial test payment.

    Also, disclosures should be “clear and conspicuous.” That means the important stuff is not supposed to be hidden in teeny tiny print.

    Basically, no one can use the fine print as a "well, you should have known" argument. This is like the human centipad episode of South Park.

    And I can't justify feeling sorry for people that didn't bother to read the agreement before clicking "I accept" just so they can play the game.

    :/
  • hefrocko2
    hefrocko2
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    I think some of the brown nosers misunderstand the post. We know it has a monthly fee, but 30 days were promised up front. And I'm sorry, but buying a digital copy doesn't have bold caps detailing the stipulations... again, fine print is not an excuse to use when advertising contradicts it. Not expecting sheep to understand, though.
  • Hestia
    Hestia
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    Why in the world does Zenimax not have a suggestion area??? This forum system is also very terrible...
    <Alatreon> Daggerfall Covenant | International | PvX | Adult Community | TS3+Mic required.

    Recruitment Thread & Website
  • otomodachi
    otomodachi
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    Cogo wrote: »

    No, Zenimax did not loose any customers, since what you are stating, clearly are not customers in the first place.

    If you read the product you purchased, it clearly states what services are included and what costs will be applied.

    Am I missing something here or are you only reading the text you like?

    https://help.elderscrollsonline.com/app/storefaq

    Yeah, the actual text.

    "Once players purchase the game, they will have unlimited access for the first 30 days and can continue beyond that with a subscription of $14.99/30 days (€12.99 / £8.99). The first 30 days begin at or after the official launch of the game when players select their preferred subscription plan. Subscription fees will only be charged after the first 30 days."

    Blam. They DON'T say anything about havingt to enter anything. You have to select a preferred sub plan, not SIGN UP for it.
    Edited by otomodachi on April 7, 2014 2:27AM
    What do you gain by criticizing a CSR complaint?
  • Jonnymorrow
    Jonnymorrow
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    I always see these threads around launch of an mmo, some peeps never learn :)
  • metalgold
    metalgold
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    Yes, you do have to have a valid debit or credit card to access the 30 days, this is in the terms of service agreement. Before "smart" people start being smart, they must first see the doctor about that case of ADD. The ADD is most likely the cause of them not getting through the first paragraph of the T.O.S. agreement without being all like "BORING!!" and skipping the other 15 paragraphs that this is spelled out in...BTW...IB4TL..lol.
    "Tungur knivur"
  • DMuehlhausen
    DMuehlhausen
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    Laura wrote: »
    This thread is funny. On my box it says - 30 DAYS UNLIMITED GAME PLAY INCLUDED WITH PURCHASE. VALID PAYMENT METHOD OR PAID GAME TIME CARD FOR SUBSCRIPTION AND PERSISTENT INTERNET CONNECTION REQUIRED.

    if your not happy about having to put a card in for your free month thats one thing (and I am inclined to agree actually because a lot of people use time cards) but saying anything about a lawsuit is downright hilarious.

    Nobody is arguing that we need a CC to play the game past the 30 days. The problem is they aren't accepting the pre-order/early access game code as proof of purchase. We can't setup an account because we haven't received our physical copies yet.

    Bethesda's shipping company charged my credit card near the beginning of March for 112$. Then they don't get the product to Gamestop in time to ship it and get it to me on time.

    On top of that they just immediately cut access when the time runs out and they haven't given us any other option.

  • hefrocko2
    hefrocko2
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    otomodachi wrote: »

    https://help.elderscrollsonline.com/app/storefaq

    Yeah, the actual text.

    "Once players purchase the game, they will have unlimited access for the first 30 days and can continue beyond that with a subscription of $14.99/30 days (€12.99 / £8.99). The first 30 days begin at or after the official launch of the game when players select their preferred subscription plan. Subscription fees will only be charged after the first 30 days."

    Blam. They DON'T say anything about havingt to enter anything. You have to select a preferred sub plan, not SIGN UP for it.

    And once again, that's all fine print that the sheep are posting. All the advertising just stated 30 days free play, which is contradicted in the fine print, because registering a CC for a trial payment is not free.

    I really don't see how anyone can argue against this, unless they just can't comprehend what's going on. It's the principle of the matter, the deception of the advertising, and the problems it causes for game card users.
  • DanteYoda
    DanteYoda
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    Yep no where does it say you are forced to sign up and be charged a full month of sub to add your CD key, it just says Choose a plan then you get free 30 days access
    Once players purchase the game, they will have unlimited access for the first 30 days and can continue beyond that with a subscription of $14.99/30 days (€12.99 / £8.99). The first 30 days begin at or after the official launch of the game when players select their preferred subscription plan. Subscription fees will only be charged after the first 30 days.

    Very misleading.
  • Laura
    Laura
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    otomodachi wrote: »

    https://help.elderscrollsonline.com/app/storefaq

    Yeah, the actual text.

    "Once players purchase the game, they will have unlimited access for the first 30 days and can continue beyond that with a subscription of $14.99/30 days (€12.99 / £8.99). The first 30 days begin at or after the official launch of the game when players select their preferred subscription plan. Subscription fees will only be charged after the first 30 days."

    Blam. They DON'T say anything about havingt to enter anything. You have to select a preferred sub plan, not SIGN UP for it.

    select =/= sign up? really? its about the same. I really don't see the deal here. I read that as saying you have to sign up for a payed subscription plan.

    Also Blam.? wasn't that a bad nickelodeon show from the late 90s?
  • otomodachi
    otomodachi
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    Laura wrote: »

    select =/= sign up? really? its about the same. I really don't see the deal here. I read that as saying you have to sign up for a payed subscription plan.

    Also Blam.? wasn't that a bad nickelodeon show from the late 90s?

    KABLAM, I think.

    What I'm saying is, it could mean a lot of things. You can CHOOSE to understand it a lot of ways. It's not specific enough. But what I'm really saying is ZO needed more dang support staff for this launch! Just being able to talk to someone would've sorted this for a lot of people. I've been waiting closer to 3 days now. :(
    What do you gain by criticizing a CSR complaint?
  • DanteYoda
    DanteYoda
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    Laura wrote: »

    select =/= sign up? really? its about the same. I really don't see the deal here. I read that as saying you have to sign up for a payed subscription plan.

    Also Blam.? wasn't that a bad nickelodeon show from the late 90s?

    "Select" and "Sign up" the same WOW ...you really believe that?
  • zawakawakab14_ESO
    If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section 15 will be unenforceable and the Dispute will be decided by a court.

    This happens 99% of the time

    Also if you live in a state and the offense happens to you there that states laws apply. If you take them to court in the state they are not located in they have to come to the court you filed at. They have to follow the laws of the state you are in since they are selling the product in the state you are in.
  • greeat-scottb14_ESO
    this happens to banks all the time, and this isn't bank we're talking about. Banks lose to class actions regardless of the paperwork you sign. I get paperwork from banks every two years about claiming from a class action so unless this game is owned by a bank - they are open for a class action if enough people are on board - regardless of the *** in the agreement. there is fraud. there is conspiracy. the reason they're trying to milk 15$ more upfront is because they didn't sell enough to cover themselves. it's an unfinished game and were paying to test it more. the hardcore players understand and don't mind. it's a game with a ton of potential. Its not finished and they've been doing everything on the fly. But we've seen what has happened to some of the other game titles. If there isn't a solid management structure, they go under – some with a shady downspiral. Its sink or swim time for these admins. Hopefully they will step up.
  • otomodachi
    otomodachi
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    this happens to banks all the time, and this isn't bank we're talking about. Banks lose to class actions regardless of the paperwork you sign. I get paperwork from banks every two years about claiming from a class action so unless this game is owned by a bank - they are open for a class action if enough people are on board - regardless of the *** in the agreement. there is fraud. there is conspiracy. the reason they're trying to milk 15$ more upfront is because they didn't sell enough to cover themselves. it's an unfinished game and were paying to test it more. the hardcore players understand and don't mind. it's a game with a ton of potential. Its not finished and they've been doing everything on the fly. But we've seen what has happened to some of the other game titles. If there isn't a solid management structure, they go under – some with a shady downspiral. Its sink or swim time for these admins. Hopefully they will step up.

    Strongly agree that it's a game with a ton of potential, but agree even more strongly that this game is unfinished. Much more unfinished than I was prepared to accept.
    What do you gain by criticizing a CSR complaint?
  • Laura
    Laura
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    otomodachi wrote: »

    Strongly agree that it's a game with a ton of potential, but agree even more strongly that this game is unfinished. Much more unfinished than I was prepared to accept.


    I love this game with a passion but I have to agree with this. This game easily could have been the next juggernaut if the suits didn't push it out so fast. Another three to four months would have given it the necessary polish... but that's not this thread I guess.
  • hefrocko2
    hefrocko2
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    Just got off the phone with customer support, even he agreed that the organization failed tremendously in regard to the methods of advertising 30 days free. He said he has sent feedback up the chain about how they failed in this regard - along with his other co-workers who play the game. Hopefully this was all true and he wasn't just saying what I wanted to hear. If they have more employees like this, fighting for those who are being affected by the current issue, than this could be good news and hopefully players are compensated if they choose to stay.
  • Ysne58
    Ysne58
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    Aribration, class action waver, and choice of law are likely all valid and enforceable by ZOS.

    I've been pretty happy with the customer service I've received so far. I did have a valid credit card and I did not have a problem getting my physical imperial edition from game stop. It did have all the codes in it. I guess I'm one of the lucky ones for that.
  • ArcheKnight
    ArcheKnight
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    The terms of service is something we all accepted. Trying to bring a lawyer in on something we "read" and accepted will just take more money out of your pocket. You willing to go down that road with a major corporation?

    Not a lawyer, but a lot of what the terms and agreement said are generally violating your rights as an American citizen (if you are one). Most of the time those agreements are actually light on any real information. Most of it discusses your rights, which it has no power over anyways. As I said, I'm not a lawyer, but I've heard a lot of this from others and my basic understanding leads me to believe that these are usually there to scare people.
  • otomodachi
    otomodachi
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    Not a lawyer, but a lot of what the terms and agreement said are generally violating your rights as an American citizen (if you are one). Most of the time those agreements are actually light on any real information. Most of it discusses your rights, which it has no power over anyways. As I said, I'm not a lawyer, but I've heard a lot of this from others and my basic understanding leads me to believe that these are usually there to scare people.

    Exactly, a contract is only ironclad once a court says it is ironclad. But again, just... just chill. We're going to get our money, those of us that's what we want.
    What do you gain by criticizing a CSR complaint?
  • Monzghul
    Monzghul
    Had no issues with anything, added the sub details when prompted, worked great. Complainers will always complain. Hope we get rid of those ASAP.
  • ArcheKnight
    ArcheKnight
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    Monzghul wrote: »
    Had no issues with anything, added the sub details when prompted, worked great. Complainers will always complain. Hope we get rid of those ASAP.

    Completely right! I didn't have any problems either so those that did are just brats for complaining about it! lol jk... I didn't have problems, but it doesn't mean that those that did have problems shouldn't complain. But, you are probably a troll and I guess I just fed you. Don't starve, ok?
  • hefrocko2
    hefrocko2
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    Not a lawyer, but a lot of what the terms and agreement said are generally violating your rights as an American citizen (if you are one). Most of the time those agreements are actually light on any real information. Most of it discusses your rights, which it has no power over anyways. As I said, I'm not a lawyer, but I've heard a lot of this from others and my basic understanding leads me to believe that these are usually there to scare people.

    You are exactly right, those license agreements hold little sway in a lot of issues. They are serious in respect to in game actions, but in regards to laws and the actions of the parent organization, the 4 point font people waste time reading has absolutely 0 weight.

    For everyone who keeps saying, "well the fine print said this, and the fine print said that which you agreed to" all falls in to the irrelevant pile when Zenimax is denying access to people who don't have immediate access to a game card/CC after promising 30 days free (the stipulations were not advertised publicly, only in the fine print made irrelevant through deceptive advertising). So for the trolls arguing on behalf of the fine print... they're wrong.
  • zawakawakab14_ESO
    [/quote]

    The current word-

    "Response By Email (aHuman) (04/06/2014 08:00 PM)
    Greetings!
    I'm sorry that you feel this way about the game. I know that there are some issues presently with it, but they are hard at work fixing the issues that come up. I would give up yet!

    For the refund policy for online games, usually after a certain amount of time, you are not able to refund it (virtual items/games/etc). I've had this happen a few times to me and I ended up having to keep a game that I did not want.

    I will migrate this ticket to the folks going through refund requests. I can't guarantee they will be able to refund, but if they can, we'll process your refund for you.

    Regards,
    Person
    The Elder Scrolls Online Team" [/quote]


    Hidden true advice?

    Btw you can always get your money back

    http://www.wikihow.com/Use-a-Credit-Card-Chargeback

    Its called a charge back. Keep record of your emails if they say no you contact your bank ask for a charge back and forward the emails to them. Their denial of refund shows they are not willing to work with you.
    Since A: you dont want the product because it was not what was advertised(free 30 days)
    B: You dont want store credit because you dont want the product.

    Warning!! Make sure you work with them first THEN inform them that you intend to do a chargeback. Also a charge back can cost the company it is applied to more than 10x more than the product in some cases(legal fees). Often they are more willing to work with you if you mention it.


    Edit: i tried to do B ) but it made B) .....
    Edited by zawakawakab14_ESO on April 7, 2014 3:12AM
This discussion has been closed.