Newest Xbox 360 Update Prevents Class Actions Suits Against Microsoft
- Thread starter WMDogma
- Start date
And the Industry apologists are in the house. Yes, it is just as easy to sue individually as it is in a class action. That's why they are removing the right to have a class action, becuase the other ways to sue are just as scary to them. Give me a break.NLS said:
I am fed up that for every Chinese cut these companies give to the rights of the consumer, there is some muppet saying it isn't a big deal and people are wrong to be annoyed. No, you are wrong and are just kiss asses and sympathisers.
This...this is actually okay. I don't see any looming issues with it. It prevents the massive, class-action suits, but frankly, that's a good thing, because...
And frankly, I doubt there'll be much issue as a result of this. If it's something like the RRoD, this just means that Microsoft will probably be providing the same service they did before, albeit paying by the customer as they present themselves. And if it's something really serious, like the Sony personal information thing was, it's in Microsoft's best interests to make you happy enough that you don't bring it to court.
...basically that. If you have a problem with your Xbox or something, it's dealt with between you and Microsoft. It doesn't "prevent" legal procedures. It just states that you need to actually talk to Microsoft before anything like that. It even says in 18.1.6:Absolutionis said:
See? You first try and work it out without involving courtroom fees (which frankly, Microsoft can afford, and the average gamer probably can't for very long), and if the problem is still present afterward, you can bring charges. It is what the heading says: a class action waiver.
And frankly, I doubt there'll be much issue as a result of this. If it's something like the RRoD, this just means that Microsoft will probably be providing the same service they did before, albeit paying by the customer as they present themselves. And if it's something really serious, like the Sony personal information thing was, it's in Microsoft's best interests to make you happy enough that you don't bring it to court.
Or they just don't see the humor in, "Ha! Your misery delights me! Not because you deserved it, per se, but more because I was miserable and I want other people to be, too."MysticToast said:
As I understand it, this means that if you intend to sue you have to do it on your own, your hometown lawyer versus a team of 50 corporate lawyers, justice will surely prevail.
If they try to pull this where I live, the justice simply going be "LOL, NOPE" and outright ignore it because our Consumer Protections laws pretty much says "You can't force a consumer into a agreement where he have less rights than in the Consumer Protection Law".
I think you messed up the form link I tried hitting it to have a look but it just sends me to an Escapist page with a 404 error.WMDogma said:Newest Xbox 360 Update Prevents Class Actions Suits Against Microsoft
Users who agree to the latest Xbox 360 update's terms of services forfeit their right to sue Microsoft.
After a bit of a shaky start, the most recent Xbox 360 update has finally gone live, introducing a wide variety of massive collection [http://www.escapistmagazine.com/news/view/114524-Heres-The-Skinny-On-Microsofts-New-360-Update] of film and TV content. However, the new update does come with a somewhat devious catch.
A segment written in big, bold letters in the update's terms of service essentially state that Xbox 360 owners are forbidden from participating in any class action suits against Microsoft. Specific details can be found in console itself [http://www.xbox.com/en-US/legal/livetou] will no longer be able to involve a judge or jury.
Previous class action suits against Microsoft caused the electronics giant to own up to major problems with Xbox Live and the Xbox 360, such as extending its warranties to cover console failures caused by the infamous E74 error, AKA "Red Ring of Death." [http://www.escapistmagazine.com/news/view/90933-Microsoft-Extends-Xbox-Warranty-to-E74-Error] By requiring future disputes be handled behind closed doors, it's entirely possible that Microsoft could use this new clause to brush any problems under the rug or offer little payout to consumers who dispute any issues with its services. Most often cases involving private arbitration aren't open to the public, and there's also very little in the way of reviewing an arbitrator's decision.
billions of dollars. [http://www.escapistmagazine.com/news/view/113063-Sony-Attempts-to-Block-All-Future-PSN-Class-Action-Lawsuits]
The new Xbox 360 terms of service only affect residents of the United States, so if you happen to live elsewhere in the world, you don't have anything to worry about right now. Those inside the US can file a dispute by filling out this form [www.xbox.com/notice] and mailing it in.
Source: Kotaku [http://kotaku.com/5865797/now-microsoft-wants-to-stop-you-taking-them-to-court]
Permalink
Link is broken.WMDogma said:
OT:
There's no point in saying 'use someone else' (not that I've seen anyone do that) because if Sony and EA have done the exact same thing then there isn't any competition who doesn't do this underhand thing.
Err, isn't this like stating 'you hereby agree to sell your soul to us', aka completely unlawful and only there to scare customers?
I highly doubt that would stand up in court depending on the illegality of the lawsuit from which you would sue. No judge would accept that.
Basically if someone is at intent to get there money's worth from any lawsuit, this little line isn't gonna stop them.
Basically if someone is at intent to get there money's worth from any lawsuit, this little line isn't gonna stop them.
Absolutionis said:
It's funny, cause the other day I got a check in the mail from EBAY for $3.14 cause I followed a link about some class action lawsuit. I'm sure there's a lawyer rolling around in the 12Mil they got for the case, but I got Pie.. so I'm good
A fairly recent decision by the US Supreme Court between Wal-mart and its employees indicates otherwise. This BS won't be going away until the guys who made this ruling croak and we get people who aren't corporate puppets. I expect that the earliest we will be able to see that happen is 20 years to never...Findlebob said:
You'd probably still be able to sue on an individual basis. As for class action suits... if it's against Microsoft's new ToS, they can't physically stop you from hopping in on it. But it means they're most definately going to terminate your account as a result.
It makes sense. If you're that disgusted with their business practices that you're taking them to court, why would you want to continue using their products/services?
Seems like class action lawsuits nowadays aren't for people who were wronged, they just want free money (however little it is.) Then they turn around and continue to use the service from the people they're suing. That seems ass backwards in itself, almost as much as this clause.
It makes sense. If you're that disgusted with their business practices that you're taking them to court, why would you want to continue using their products/services?
Seems like class action lawsuits nowadays aren't for people who were wronged, they just want free money (however little it is.) Then they turn around and continue to use the service from the people they're suing. That seems ass backwards in itself, almost as much as this clause.
Can we start a facebook group to fight this?
I think there is quite an easy way to annoy M$ - if enough people cooperate
They said if we have a dispute we should fill and send them a form.
Well, we do. we dispute their TOS.
If they start getting massive amounts of forms and emails from a lot of players - to which they have to reply in 60 days.
Maybe they will see that we care about XBOX LIVE and that they are hurting their own paying customers.
I think there is quite an easy way to annoy M$ - if enough people cooperate
They said if we have a dispute we should fill and send them a form.
Well, we do. we dispute their TOS.
If they start getting massive amounts of forms and emails from a lot of players - to which they have to reply in 60 days.
Maybe they will see that we care about XBOX LIVE and that they are hurting their own paying customers.