Blogger Denied Refund for Game EA Won't Let Him Play

[asam92]

Shoulda just put a fake age in if thats the case, either that or make a new account with a fake age.

 

[Yelchor]

This is the issue I've been having an irritated glare with in recent months. If a parent approves of a videogame, nothing should get in the way as long as he/she monitors the kid's activity on a reasonable level. With all the commotion regarding children's mental health and virtual entertainment this will in all likelyhood be something that we'll see alot more often.

I even had to create a new Xbox Live account in order to get all bonuses with Cerberus Network, since the previous was apparently set to a very low age for some reason. So I was considered "too young" to get the extra content.

...It doesn't make any sense. The Mass Effect serie is an M-rated experience all throughout with dark atmosphere and vicious violence added with psychological tension without the bonus content. If they actually wanted to follow their strange policy of "protection", they could have gone all the way and made the entire game inaccessible. But like hypocrites they make 90% of the game playable anyway, with some frustrating teases. "You want to have cool-looking armour that's shown on the back cover of the box? Nyah nyah! You're just a little kid! Even though we know nothing about who you are you won't have it. We don't care about that you spent money on this product."

Right now there are so many things with EA which makes me frustrated over their ownership of so many quality companies. I just hope I'll be able to endure it till I can finish Mass Effect 3.

 

[Doom972]

If he wasn't old enough to play it, how come the system let him buy it online? They could easily implement an age check at purchase just like they did with the game's activation.
This is fraud.

 

[killercyclist]

that's terrible, EA really should just refund him the money and put something in their lit to. or, and this is the advise you should really take (epic wink) buy a playstation3.

 

[superbatranger]

Oh, no, no, no. Let's set up an analogous situation (based on actual events). I send a 17 year old intern to buy dry ice at the store. What I don't know is that the state I am in does not allow anyone under 18 to purchase dry ice. You are saying that the clerk should take his money (my firm's money actually) and then refuse to give him the dry ice? Further, I should not be entitled to a refund? You, good sir, are off your rocker.

EA offered him a refund. In fact, they offered him 5 bucks more than he spent. He turned it down because it wasn't what he wanted.

It wasn't a refund. It was just store credit to be used specifically in the EA store. There never was an actual refund in the sense of him getting his money back.

 

[Dogstile]

If EA doesn't put age restrictions in the initial purchase description, they don't have a legal right to impose those EVER.

The problem with your rant is that they did put them in the initial purchase description.

Erm, no, they still haven't. Register is not the same as play. His dad registered for him, he's over 13. Its not really that far from a logical thought process that it just means register, not play.

 

[Gigano]

Well, if the TOS wasn't available before purchase, then he most certainly should get a refund once he finds out they include an unacceptable term. Can't bind consumers to terms they don't know.

Also:

"Halo [http://www.amazon.com/Halo-Reach-Xbox-360/dp/B002BSA20M/ref=sr_1_1?ie=UTF8&qid=1300154430&sr=8-1] and Crackdown are both rated M, and I play those with my nine year old all the time; this may not make me the greatest parent ever, but it's harmless fun and he's smart enough to know that what's happening on screen is as real as a Bugs Bunny cartoon."

Are you fucking kidding me?

Taking an interest in your child's hobbies? Taking upon yourself the parental responsibility to actually look at your child as an individual and assess what it can handle? Spending time playing with it?

That's infinitely better parenting than someone who just go by the general recommendation, set the Xbox to 3+ max, then leave the room not caring shit about what interests their own child have and what it can handle.

This man encompass true humane family values. Not that moral panic shit the term have since taken on.

 

[GeorgW]

I wonder how the media will react to this. It shows the gaming industry makes sure that age limitations are up-held, everything they've been complaining about. But they will still blame EA for cheating him. It's a lose-lose situation.
I say this guy takes his time to play with his son and is involved in his hobby, that's good parenting.

 

[Aurgelmir]

...it's pretty widely known what the risks of entering the "correct" date of birth when you're under-age are...

I largely agree with your post, but had to respond to this bit. Mainly because it's true and shouldn't be. Punishing people for honesty and (worse, in my opinion) taking away a parents right to decide how to raise their child in a way which doesn't conflict with the law, is absolutely unacceptable from any company. EA does not get to raise other peoples children for them. That's not their damn business.

Well EA can set an age limit on their service not to protect the kid, but to "protect" everyone else from the kid. And you do know that Fox News would be all over this had it been a parent that was furious at EA for letting their child play "death simulators"

But when that is said I do believe that it is the parents choice on what games they get to play.

 

[SnootyEnglishman]

Well this guy is kind of stuck in a hole here. It's clearly stated on the menu that the item is non-refundable and that you have to be 13+ to be able to register and play. Microsoft's done their job correctly and are not at fault. The EA business i won't comment on.

 

[Ruptuk]

Well, I have mixed opinions on this one.

To be honest, right now we're facing a situation where the gaming industry is under pressure for there not being enough attention paid to enforcing ratings. There is even a case before The Supreme Court over this one. If EA just knowingly let kids get access to these kinds of games, that's a big issue.

Now, one thing I will point out though is that while a lot can be said about parental responsibility, and parental rights, there are things parents can't do with their children. While rarely enforced, technically the "PG" rating stands for "Parental Guidance" which means that parents have the choice, and are supposed to accompany their child (or give direct approval on the spot). In the case of an "R" rating, that means restricted and that even with parental approval kids are not supposed to be admitted to those movies, the same applies to an "X" rating. In nasty divorce cases and the like one parent allowing a minor to watch "R" rated movies has been used as a hammer for this reason, since technically it's negligent behavior. In cases where an adult accompanies a kid into an X-rated movie, we're getting to the "Child Services" level.

With the industry under the pressure it's facing now, the last thing that EA needs is for someone to have examples of them giving kids access to "M" rated games which are akin to the "R" rating when they technically aren't supposed to, even with parental permission.


Ratings are tricky because they aren't set by the goverment, there really isn't a way of arresting someone for violating ratings, which is exactly what the whole supreme court case is about. This is also why most theaters aren't going to make a big deal if some kid goes to an "R" rated movie accompanied by their parents. If the parents are there, nobody is going to make the complaint. The game industry however is currently under a microscope, and it doesn't have to just worry about the parents right now.

I'll also say that the parent in question probably shot himself in the foot when he went public with this. I'm not sure when he actually started complaining in a public sense. See, with what is going on EA backing down could be held against the ratings system. The more people aware of the situation (and there are people looking for just this kind of thing right now) the better the chance it will be used someplace EA wouldn't want it to be mentioned.

All told, I am not a huge fan of EA's business practices, but at the same time I can't fault them for this right now.

EA needs to get itself organized however, truthfully this might be the right thing to do, but it's both surprising and hypocritical coming from the same company that came up with that "Dead Space 2" ad campaign. Of course then again, now that it's become fairly public, I suppose EA can take this case as a counterpoint if officially challenged, so they can say "we are very strict in enforcing the ratings, that Ad campaign was *JUST* an Ad campaign, even if it was ill conceived we *obviously* do not condone minors getting "M" rated games under any circumstances... even if an obviously negligent parent gives permission".

I wanted to qoute this comment as everyone has forgotten how damaging this is going to be. If consumers continue to faunt rules like these then we will all loose out when 'M' or 'violent' games arn't made anymore!!! Don't give them fuel to rage on. EA are completely with in their rights.

 

[DTWolfwood]

Meh, shoulda read the EULA before getting the Kids Account. There was probably a line that said something on the lines of "child accounts are based upon the age of the account owner and cannot be changed to adult access until the owner reaches legal age." XD

But EA did offer a $20 credit, its not like they just said no to guy folks. Its his problem if he has no other games he wants to spend that money on. plus xbl have always had the no refund policy.

 

[Vivace-Vivian]

A guideline for parents So it's within his right to buy the kid cigarettes? After all, the age limit must just be a guideline.

 

[Scrythe]

Ah, a rare case of a parent actually having a head on their shoulders, yet still gets screwed by the other parents. Y'know, the ones who can't raise their children so they expect the government to do it for them.

With how ridiculous this has gotten, I'm actually surprised that books don't have ratings and warnings on them.

 

[Kamikaze Caff]

I cant say the kid should'nt be playing the games because I'd be a hypocrite as i used to play some gruesome games when I was a kid . But the blame is not on Xbox here technically its EA . The guy bought and EA product not a microsoft product . If all sales are final thats that .
EA are the guys who have put the restricition in place not Xbox Live . I can see where EA are coming from tho putting this in place , there is nothing worse playing some kid online on FIFA and the little ****** disconnects because hes getting beaten . I think he should just man up and buy a new XBL subscription with an adult account or tell his kid to stop being 9