Square-Enix Facing $5 Million Final Fantasy XI Lawsuit

[yeah_so_no]

The court filing reads:

The deceptive advertising, unfair and undisclosed business practices, and concealment concern, among others:

i. Licensing of the online games software disguised as a sale;
ii. Monthly fees ("fees") to play the online games;
iii. Penalties for late payment of the fees;
iv. Interest charges for late payment of the fees;
v. Charges while the online game account is suspended;
vi. Termination of the right to use the online games for late payment of the fees;
vii. User restrictions and conditions related to the online games;
viii. Termination of game data for payment of the fees.

So...she's suing because she had to pay a monthly fee to play an ONLINE game, and because she couldn't use play anymore because she didn't pay the fees? OH COME ON.

 

[Canadamus Prime]

This is one of the main reasons I don't play MMO's. But I'm guessing she didn't read the Terms of Service agreement, and as soon as the court session starts Square-Enix's lawyers are just going to pull out a copy of it and point out where in it all that stuff she's whining about is clearly defined in black and white (in legal speak so nobody but lawyers and judges could possibly understand it).

 

[6PrinceofDarkness6]

The court filing reads:

The deceptive advertising, unfair and undisclosed business practices, and concealment concern, among others:

i. Licensing of the online games software disguised as a sale;
ii. Monthly fees ("fees") to play the online games;
iii. Penalties for late payment of the fees;
iv. Interest charges for late payment of the fees;
v. Charges while the online game account is suspended;
vi. Termination of the right to use the online games for late payment of the fees;
vii. User restrictions and conditions related to the online games;
viii. Termination of game data for payment of the fees.

So...she's suing because she had to pay a monthly fee to play an ONLINE game, and because she couldn't use play anymore because she didn't pay the fees? OH COME ON.

Let's see her crash. Crash and burn.

And now I'm wondering how this got to the "popular threads" listing...

 

[Krakyn]

This is almost as ridiculous as the woman who spilled hot coffee on her lap and sued McDonald's. I hate our country.

 

[olicon]

I have yet to understand what the suit is about, especially about the late fee. Other charges doesn't seem to have any ground, but I have never played XI, so I have no idea of their payment structure. From what I read here though, I don't even see where that "late payment" fee comes from.

This is going to be an open-and-shut case, whichever side turns out to be the winner.

 

[TsunamiWombat]

I think the difference is, Blizzard, etc, refund people for their additional charges.

 

[PhantomCritic]

I seriously doubt this lawsuit will go through, but I wish the player good luck anyways, regardless of the fact that Square Enix probably has had this kinda of experience happen before and is well prepared for it.

 

[hagaya]

Well, this woman is a beacon of integrity, don't you think?

She gets angry at Square because they took away her ability to play the game, though not completely, when she didn't pay them. She obviously just wants a way to get money, because she had a detriment of a few in-game items and a no more than fifty bucks US, and she files a lawsuit for $5,000,000. That is five trillion pennies, my fellow escapists, and that is also what I call a firm 2x4 to the ABC (cookie if you get it).

 

[midpipps]

Seriously reading through the court documents I do not see how this guy has a case. This has to be one of the stupidest things I have ever read did he not see the big Online Fees to play or however they word it I know they are right on all the boxes and i know there is a nice big set of paragraphs on it in the EULA even though it is written in lawyer court document style. I hope square wins and then counter sues for lawyer costs.

Why is the US so freaking sue happy.

 

[PopcornAvenger]

What a few of you are missing is that it's a Class Action lawsuit. Meaning dozens, hundreds, thousands, etc, disgruntled claimants can step forward and get a slice of a potential 5 million dollar pie.

The charges aren't specific enough - is she (he?) suing because of hidden charges? Companies with deceptive billing have been punished before. The devil's in the details.

This is more of a harrasment lawsuit intended to force Square Enix into changing their billing practices. I agree, a refund seems more rational . . . but is there a large number of clients with similar stories?

 

[cleverlymadeup]

I think the difference is, Blizzard, etc, refund people for their additional charges.

i'm pretty sure they would refund wrong charges but if you agree that you'll pay late fees, which ALL companies have when you miss payments, they don't have to refund those charges because they aren't wrong

 

[scarab7]

This is all going to come down to documentation of fees. If the plaintiffs really have a case, then they'll have bills and charges not outlined by the games contract. Almost every game has a contract on installation, and MMOs have a contract at least twice as long if not three times as long.

Even if the plaintiffs fail to point out fees not outlined by the contract they can still sue for false advertising. However, it's a game, there are almost no ways to outline falsified advertisement for it. This subject will just be argued with almost no material evidence besides their contract. The judge will most likely rule in Square Enix's favor for accusations of false advertising.

The point that this is massive lawsuit make me think this will happen; there will be a massive collaboration of claims from the plaintiffs. Their lawyers in turn will present the most valid plaintiffs claims first, as in first I mean the first few days of the case if not the first few weeks. Then if the lawyers scare Square Enix's lawyers then the best possible solution will be a out-of-court settlement because Square Enix will be afraid that there are valid claims to the case. The only thing that would turned around the case is if Square Enix decides to really go through all that paper work and punch holes in the all the claims.

That's what I thinks gonna happen

 

[Rezfon]

what i can't understand, does Square Enix let them play the game after their time runs out but piles a charge on them for that, or are they adding additional charges for not cancelling their account if they can't buy another month worth of time?

 

[Stammer]

Forget to make a payment, sue for $5 million... seems about right.

lol. Don't you just love stupid people?

 

[Stammer]

what i can't understand, does Square Enix let them play the game after their time runs out but piles a charge on them for that, or are they adding additional charges for not cancelling their account if they can't buy another month worth of time?

If you don't pay for a month, your account is immediately put on hold and you can't play the game until you pay.

 

[Khryon]

I highly doubt this will go in favor of the player. If the player has read all of the EULA and understood all of it, then I don't think that there would be this lawsuit in the first place but seriously, WHO READS THE WHOLE EULA *flips through 16 pages of size 10 font ToA*?! (Excluding some people x])