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Atiim
Heaven's Lost Property Dirt Nap Squad.
7982
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Posted - 2014.05.06 19:30:00 -
[31] - Quote
How did they mislead us?
Just read this thread.
inb4 The Lock!
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NomaDz 2K
The Rainbow Effect
175
|
Posted - 2014.05.06 19:31:00 -
[32] - Quote
DaReaperPW wrote:
How did they mislead you? How was the information provided misleading? And you do know that they said devlopment of dust will keep going, so that pretty much nullifies any law suite you have. You do remember that just because you found a random law, that you have to prove, beyond a reasonable doubt, that you were mislead. From what i know, however, you were not. Spending money, and assuming its going to devlope and add new things to dust, was on you. Unless ccp told you, spacificly, that if you but this stuff it will bring you XXX then you were not misled. Case dismissed you lose.
People have already been refunded based upon THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH SO HELP ME GOD - AMEN
DON'T SPEND CA$H ON DUST 514
CCP WILL ONLY GIVE YOU AUR AFTER THEY REMOVE YOUR BPOs WHICH U SPENT REAL MONGé¼Y ON!
|
Ryme Intrinseca
The Rainbow Effect Dirt Nap Squad.
1119
|
Posted - 2014.05.06 19:37:00 -
[33] - Quote
R F Gyro wrote:I'd be reasonably confident that the law would be applied to each purchase, rather than to all your Dust purchases as a whole. So you paid for Aurum, and got Aurum, as described in the product literature. Or you paid for a booster, and got that.
What you probably haven't done, in the eyes of the law, is paid for Dust itself based on any kind of binding longevity promise.
"A misleading action occurs when a practice misleads through the information it contains, or its deceptive presentation, and causes or is likely to cause the average consumer to take a different decision". So the outlines of a case would be:
1. Over the last several months CCP provided misleading information/deceptively presented information (e.g. 'laser-focused on PS3'). 2. This resulted in consumers making different decisions than they otherwise would (e.g. to buy AUR). 3. Therefore, a misleading action has occurred and consumer protection regulations have been breached.
There is no need for any 'binding longevity promise' or anything of the sort. All that is required is that misleading/deceptively presented information was provided at some stage, which materially impacted on consumers' decisions. |
Ryme Intrinseca
The Rainbow Effect Dirt Nap Squad.
1122
|
Posted - 2014.05.06 19:43:00 -
[34] - Quote
DaReaperPW wrote:Ryme Intrinseca wrote:UK government guidance on the Consumer Protection from Unfair Trading Regulations 2008, section 7.3 wrote:A misleading action occurs when a practice misleads through the information it contains, or its deceptive presentation, and causes or is likely to cause the average consumer to take a different decision. So if a company provided misleading information, or presented information in a misleading way, regarding their product, with the result that consumers made purchases they otherwise would not, they are in breach of consumer protection regulations. Legal remedies include civil and criminal enforcement, which aim to: UK government guidance on the Consumer Protection from Unfair Trading Regulations 2008, section 11.3 wrote:GÇó change the behaviour of the offender GÇó eliminate any financial gain or benefit from noncompliance GÇó be responsive and consider what is appropriate for the particular offender and regulatory issue GÇó be proportionate to the nature of the offence and the harm caused GÇó restore the harm caused by the regulatory noncompliance, where appropriate, and GÇó deter further non-compliance. The full UK government guidance is available here. Details on making a complaint are available here. Please note that there are similar regulations elsewhere in Europe as the UK simply follows EU consumer protection regulations. How did they mislead you? How was the information provided misleading? And you do know that they said devlopment of dust will keep going, so that pretty much nullifies any law suite you have. You do remember that just because you found a random law, that you have to prove, beyond a reasonable doubt, that you were mislead. From what i know, however, you were not. Spending money, and assuming its going to devlope and add new things to dust, was on you. Unless ccp told you, spacificly, that if you but this stuff it will bring you XXX then you were not misled. Case dismissed you lose. 'Laser-focused on PS3' - somewhat misleading, no?
Regarding reasonable doubt, that standard is only required in criminal cases. The standard in civil cases is the balance of probabilities. I get the impression that I have a rather firmer grasp of UK law than you do. |
NomaDz 2K
The Rainbow Effect
176
|
Posted - 2014.05.06 19:43:00 -
[35] - Quote
Ryme Intrinseca wrote:R F Gyro wrote:I'd be reasonably confident that the law would be applied to each purchase, rather than to all your Dust purchases as a whole. So you paid for Aurum, and got Aurum, as described in the product literature. Or you paid for a booster, and got that.
What you probably haven't done, in the eyes of the law, is paid for Dust itself based on any kind of binding longevity promise.
"A misleading action occurs when a practice misleads through the information it contains, or its deceptive presentation, and causes or is likely to cause the average consumer to take a different decision". So the outlines of a case would be: 1. Over the last several months CCP provided misleading information/deceptively presented information (e.g. 'laser-focused on PS3'). 2. This resulted in consumers making different decisions than they otherwise would (e.g. to buy AUR). 3. Therefore, a misleading action has occurred and consumer protection regulations have been breached. There is no need for any 'binding longevity promise' or anything of the sort. All that is required is that misleading/deceptively presented information was provided at some stage, which materially impacted on consumers' decisions. Ryme U Make Me Feel Like SUCH AN ASSISTANT P.I.M.P :D
DON'T SPEND CA$H ON DUST 514
CCP WILL ONLY GIVE YOU AUR AFTER THEY REMOVE YOUR BPOs WHICH U SPENT REAL MONGé¼Y ON!
|
DaReaperPW
Net 7 The Last Brigade
6
|
Posted - 2014.05.06 19:54:00 -
[36] - Quote
NomaDz 2K wrote:DaReaperPW wrote:
How did they mislead you? How was the information provided misleading? And you do know that they said devlopment of dust will keep going, so that pretty much nullifies any law suite you have. You do remember that just because you found a random law, that you have to prove, beyond a reasonable doubt, that you were mislead. From what i know, however, you were not. Spending money, and assuming its going to devlope and add new things to dust, was on you. Unless ccp told you, spacificly, that if you but this stuff it will bring you XXX then you were not misled. Case dismissed you lose.
People have already been refunded based upon THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH SO HELP ME GOD - AMEN
no, you prolly got refunded due to sonys return policy. |
Ryder Azorria
Amarr Templars Amarr Empire
899
|
Posted - 2014.05.06 20:02:00 -
[37] - Quote
Yes these laws exist, only problem is CCP didn't breach them - which you would see if you weren't in the midst of a toddler style tantrum. |
DaReaperPW
Net 7 The Last Brigade
7
|
Posted - 2014.05.06 20:02:00 -
[38] - Quote
Ryme Intrinseca wrote:DaReaperPW wrote:Ryme Intrinseca wrote:UK government guidance on the Consumer Protection from Unfair Trading Regulations 2008, section 7.3 wrote:A misleading action occurs when a practice misleads through the information it contains, or its deceptive presentation, and causes or is likely to cause the average consumer to take a different decision. So if a company provided misleading information, or presented information in a misleading way, regarding their product, with the result that consumers made purchases they otherwise would not, they are in breach of consumer protection regulations. Legal remedies include civil and criminal enforcement, which aim to: UK government guidance on the Consumer Protection from Unfair Trading Regulations 2008, section 11.3 wrote:GÇó change the behaviour of the offender GÇó eliminate any financial gain or benefit from noncompliance GÇó be responsive and consider what is appropriate for the particular offender and regulatory issue GÇó be proportionate to the nature of the offence and the harm caused GÇó restore the harm caused by the regulatory noncompliance, where appropriate, and GÇó deter further non-compliance. The full UK government guidance is available here. Details on making a complaint are available here. Please note that there are similar regulations elsewhere in Europe as the UK simply follows EU consumer protection regulations. How did they mislead you? How was the information provided misleading? And you do know that they said devlopment of dust will keep going, so that pretty much nullifies any law suite you have. You do remember that just because you found a random law, that you have to prove, beyond a reasonable doubt, that you were mislead. From what i know, however, you were not. Spending money, and assuming its going to devlope and add new things to dust, was on you. Unless ccp told you, spacificly, that if you but this stuff it will bring you XXX then you were not misled. Case dismissed you lose. 'Laser-focused on PS3' - somewhat misleading, no? Regarding reasonable doubt, that standard is only required in criminal cases. The standard in civil cases is the balance of probabilities. I get the impression that I have a rather firmer grasp of UK law than you do.
No, thats called marketing jargon. And because they looked at what dust was and changed stratigies thats on them. This is like you buying a pinto and expecting ford to make a pinto mark two, so you bought the pinto thinking they will use the money to get you a pinto, if they can the pinto, well thats your problem.
You can play dust, even if they told you they were going to bring stuff soon(tm) and are lazor focused on ps3, at the time of said statement they prolly were lazor focused on ps3. Then they decided as a company to change gears. They do not need to tell you they are changing gears. As you are playing dust because its dust. If you are playing dust for the hope of what it might be, then thats on you. As you have to look at the product at face value. Unless they said "We are bringing you the player market on may 14th 2014, so but your gear now to prepair for that" That is a misleading statement. And a flat out lie. its also used as bait for you to spend your money. On the contrary, if you went to get into dust and one of the things on the offical website, by an offical member of ccp said "Dust has a fully functioning player market! come spend XXX to use it" and you bought dust and aurum for that reason, before you got into the game, then you have a case.
It doesn;t matter if they tell you that you will be gods soon(tm) and able to fire lazor beams out your butt. As long as they don;t give you an explicite date you still lose. A promise =! a guarentee. Thats the difference. And its a free game, you CHOSE to spend money. If you did not do your research into what CCP has stated for eve, and failed to deliver, thats on you. So again, none of this was misleading to anyone. For all they have to do, is show a memo saying in march they are focused on ps3, then another in april givin the reasons why they have to get off the ps3. And they are fine. as 'lazor focused' is just a marketing tool.
So can you show where they said "Hey guys, you are getting XXX on this exact date yyy" and because of this information, you went out and bought aurum?
One more point. If you coudl sue for marketing terms, there are a ton of game companies you can sue. You can;t however, as there was no spacifics. What does 'lazor focused on ps3' mean? And the fact is, if they keep making updates that they can for dust, then they are technically lazor focused. |
PR0FESSOR CHAOS
Brutor Vanguard Minmatar Republic
40
|
Posted - 2014.05.06 20:04:00 -
[39] - Quote
Sony is responsible for all transactions on their network laugh as you may but legal action is being brought on Sony regarding this issue. I suspect sony will settle all disputes and internally deal with CCP. Sony is taking this very serious they understand the value of consumer confidence and have built the playstation brand on that principle. They do not want there reputation dragged through the mud based on a third party developer.
Good. Use your aggressive feelings, boy. Let the hate flow through you.
|
Atiim
Heaven's Lost Property Dirt Nap Squad.
7985
|
Posted - 2014.05.06 20:04:00 -
[40] - Quote
Actually, they did give a explicit time.
10 Years.
inb4 The Lock!
|
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Ryder Azorria
Amarr Templars Amarr Empire
899
|
Posted - 2014.05.06 20:06:00 -
[41] - Quote
PR0FESSOR CHAOS wrote:Sony is responsible for all transactions on their network laugh as you may but legal action is being brought on Sony regarding this issue. I suspect sony will settle all disputes and internally deal with CCP. Sony is taking this very serious they understand the value of consumer confidence and have built the playstation brand on that principle. They do not want there reputation dragged through the mud based on a third party developer overly entitled neckbeards throwing a hissy fit FTFY
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DaReaperPW
Net 7 The Last Brigade
7
|
Posted - 2014.05.06 20:08:00 -
[42] - Quote
Ryme Intrinseca wrote:R F Gyro wrote:I'd be reasonably confident that the law would be applied to each purchase, rather than to all your Dust purchases as a whole. So you paid for Aurum, and got Aurum, as described in the product literature. Or you paid for a booster, and got that.
What you probably haven't done, in the eyes of the law, is paid for Dust itself based on any kind of binding longevity promise.
"A misleading action occurs when a practice misleads through the information it contains, or its deceptive presentation, and causes or is likely to cause the average consumer to take a different decision". So the outlines of a case would be: 1. Over the last several months CCP provided misleading information/deceptively presented information (e.g. 'laser-focused on PS3'). 2. This resulted in consumers making different decisions than they otherwise would (e.g. to buy AUR). 3. Therefore, a misleading action has occurred and consumer protection regulations have been breached. There is no need for any 'binding longevity promise' or anything of the sort. All that is required is that misleading/deceptively presented information was provided at some stage, which materially impacted on consumers' decisions.
Except again, the term lazor focused, means nothing. You have to show where they spacificly mislead you.
So if you went to buy a car, because the ad had a line from a car magizine that said 'Funest car i ever drove..." and you bought the car and drove it and it sucked, were you mislead? no.
You would however be mislead of said car was said to have a V8 and the sales people assured you that yes it had a v8, and the paperwork and documents all said it had a v8, but once you had the car and drove it off the lot you realized that no it has a v4. Then you have a case. |
Atiim
Heaven's Lost Property Dirt Nap Squad.
7985
|
Posted - 2014.05.06 20:10:00 -
[43] - Quote
Ryder Azorria wrote:PR0FESSOR CHAOS wrote:Sony is responsible for all transactions on their network laugh as you may but legal action is being brought on Sony regarding this issue. I suspect sony will settle all disputes and internally deal with CCP. Sony is taking this very serious they understand the value of consumer confidence and have built the playstation brand on that principle. They do not want there reputation dragged through the mud based on a third party developer overly entitled neckbeards throwing a hissy fit FTFY So expecting companies to follow the law is overly entitled?
I really hope you never run for a political office that holds power...
inb4 The Lock!
|
Ryder Azorria
Amarr Templars Amarr Empire
899
|
Posted - 2014.05.06 20:10:00 -
[44] - Quote
Atiim wrote:Actually, they did give a explicit time.
10 Years. Saying you have a ten year plan for a game and providing no other details of said plan is not a legally binding commitment to follow through with said plan, nor is it a commitment not to change platforms.
And incase you live in some fantasy land where the case goes in your favour ('Merica), enjoy your refund of the full retail cost of the game $0.00.
EDIT:
Atiim wrote:Ryder Azorria wrote:PR0FESSOR CHAOS wrote:Sony is responsible for all transactions on their network laugh as you may but legal action is being brought on Sony regarding this issue. I suspect sony will settle all disputes and internally deal with CCP. Sony is taking this very serious they understand the value of consumer confidence and have built the playstation brand on that principle. They do not want there reputation dragged through the mud based on a third party developer overly entitled neckbeards throwing a hissy fit FTFY So expecting companies to follow the law is overly entitled? I really hope you never run for a political office that holds power... They. Did.
You're either horribly twisting CCPs actions to the point of fiction in order to make them violate those laws, or you're horribly twisting the laws to fit CCPs actions - probably a little of both. |
PR0FESSOR CHAOS
Brutor Vanguard Minmatar Republic
40
|
Posted - 2014.05.06 20:11:00 -
[45] - Quote
Playstation has built a reputation for having the best exclusive titles that are quality products. Franchises like killzone , uncharted, little big planet have won game of the year and are exclusive. Trust me sony wants dust to succeed to put them on that pedistal but not if it's not capable of standing on its own. They will not let CCP pr machine tarnish that image.
Good. Use your aggressive feelings, boy. Let the hate flow through you.
|
DaReaperPW
Net 7 The Last Brigade
7
|
Posted - 2014.05.06 20:15:00 -
[46] - Quote
Atiim wrote:Actually, they did give a explicit time.
10 Years.
no they didn't. That is again, marketing jargon. So can you sue Black Phrophacys devolper for killing an mmo that bombed becuase they said there will be updates for years to come? no.
Did you spcaificly buy aurum, becuase of the 'we will devlope for ps3 for 10 years' if you did then i think i have a bridge to show you. as anyone with since would of looked at that and gone 'wait the ps4 just came out... |
R F Gyro
Clones 4u
1372
|
Posted - 2014.05.06 20:16:00 -
[47] - Quote
Ryme Intrinseca wrote:R F Gyro wrote:I'd be reasonably confident that the law would be applied to each purchase, rather than to all your Dust purchases as a whole. So you paid for Aurum, and got Aurum, as described in the product literature. Or you paid for a booster, and got that.
What you probably haven't done, in the eyes of the law, is paid for Dust itself based on any kind of binding longevity promise.
"A misleading action occurs when a practice misleads through the information it contains, or its deceptive presentation, and causes or is likely to cause the average consumer to take a different decision". So the outlines of a case would be: 1. Over the last several months CCP provided misleading information/deceptively presented information (e.g. 'laser-focused on PS3'). 2. This resulted in consumers making different decisions than they otherwise would (e.g. to buy AUR). 3. Therefore, a misleading action has occurred and consumer protection regulations have been breached. There is no need for any 'binding longevity promise' or anything of the sort. All that is required is that misleading/deceptively presented information was provided at some stage, which materially impacted on consumers' decisions. You could well be right. Personally I still doubt it would work out like that if it were tested in court, but even if you could convince me it still wouldn't matter.
What you need to do is convince Sony/CCP that there is enough of a risk that you're right that they decide to avoid that risk by paying you off. Or, you need to be so convinced yourself that you are willing to pay the price of litigating it.
RF Gyro: 12.5% damage bonus; 10.5% rate of fire bonus
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PR0FESSOR CHAOS
Brutor Vanguard Minmatar Republic
40
|
Posted - 2014.05.06 20:18:00 -
[48] - Quote
There are enough materials on the dust514 website, psn store descriptions, npe tutorials, and CCP press releases and media to more then prove fraud right now. My guess is you will see a white wash of all information currently available to a new player and replace it with ambiguous speak.
I challenge you to take your CCP glasses off right now, pretend your a new. Start by reading the dust514 website, then load the game and pay attention to everything because your new, then watch fanfest presentation on dust514. Dafuq basic fraud.
Good. Use your aggressive feelings, boy. Let the hate flow through you.
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Mojo XXXIII
Abandoned Privilege Top Men.
279
|
Posted - 2014.05.06 20:19:00 -
[49] - Quote
DaReaperPW wrote:Atiim wrote:Actually, they did give a explicit time.
10 Years. no they didn't. That is again, marketing jargon. So can you sue Black Phrophacys devolper for killing an mmo that bombed becuase they said there will be updates for years to come? no. Did you spcaificly buy aurum, becuase of the 'we will devlope for ps3 for 10 years' if you did then i think i have a bridge to show you. as anyone with since would of looked at that and gone 'wait the ps4 just came out...
Again, CCP knew exactly where the PS3 was in the console life cycle, and that PS4 was right around the corner, and yet they made their promises anyway.
Our only mistake was believing them. |
Operative 1125 Lokaas
True Companion Planetary Requisitions
91
|
Posted - 2014.05.06 20:21:00 -
[50] - Quote
People don't realize that in America, CCP most likely could be prosecuted for there product misrepresentation.
Of course, this is why they don't set one foot in America with DUST 514 and pretty much not with EVE (not sure about what they have going at their California office). Maybe if it was WoD there would have been legal recourse.
I'm assuming that though the company has satellite offices in America it can't be prosecuted through those since the game and company HQ is in Iceland and China.
If there is any possibility I'd love any lawyer types to find the loophole.
"We watch what they (players) do, not what they say"
-Hilmar
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Byozuma Kegawa
Praetoriani Classiarii Templares Praetoria Imperialis Excubitoris
255
|
Posted - 2014.05.06 20:23:00 -
[51] - Quote
Not that I care what CCP does, so long as it's something, but I find all this backlash to be hysterically depressing. Ever since the PS4 came out people have been clamoring, "Drop the PS3, move to PS4!" and "Give us a PC port!" Well, look at that, Dust is being redeveloped and rebranded as Eve Legion (because a straight port would have been impossible thanks to Dust being developed to use the PS3's specific architecture and software) and will be on the PC (and maybe the PS4 afterwards) and everyone is shitting bricks between rage-fests.
"Is this not what you wanted? Are you not entertained?!" |
PR0FESSOR CHAOS
Brutor Vanguard Minmatar Republic
40
|
Posted - 2014.05.06 20:25:00 -
[52] - Quote
Again it doesn't matter where you are and where Iceland is, every country that sells playstation has consumer protection laws. You bought services from Sony that are fraudulent it's between you and Sony, they will sort CCP out on there own accord. Everyone here can make claim against Sony no matter where they live.
Good. Use your aggressive feelings, boy. Let the hate flow through you.
|
Ryme Intrinseca
The Rainbow Effect Dirt Nap Squad.
1127
|
Posted - 2014.05.06 20:27:00 -
[53] - Quote
DaReaperPW wrote:Ryme Intrinseca wrote:DaReaperPW wrote:
How did they mislead you? How was the information provided misleading? And you do know that they said devlopment of dust will keep going, so that pretty much nullifies any law suite you have. You do remember that just because you found a random law, that you have to prove, beyond a reasonable doubt, that you were mislead. From what i know, however, you were not. Spending money, and assuming its going to devlope and add new things to dust, was on you. Unless ccp told you, spacificly, that if you but this stuff it will bring you XXX then you were not misled. Case dismissed you lose.
'Laser-focused on PS3' - somewhat misleading, no? Regarding reasonable doubt, that standard is only required in criminal cases. The standard in civil cases is the balance of probabilities. I get the impression that I have a rather firmer grasp of UK law than you do. No, thats called marketing jargon. And because they looked at what dust was and changed stratigies thats on them. This is like you buying a pinto and expecting ford to make a pinto mark two, so you bought the pinto thinking they will use the money to get you a pinto, if they can the pinto, well thats your problem. You can play dust, even if they told you they were going to bring stuff soon(tm) and are lazor focused on ps3, at the time of said statement they prolly were lazor focused on ps3. Then they decided as a company to change gears. They do not need to tell you they are changing gears. As you are playing dust because its dust. If you are playing dust for the hope of what it might be, then thats on you. As you have to look at the product at face value. Unless they said "We are bringing you the player market on may 14th 2014, so but your gear now to prepair for that" That is a misleading statement. And a flat out lie. its also used as bait for you to spend your money. On the contrary, if you went to get into dust and one of the things on the offical website, by an offical member of ccp said "Dust has a fully functioning player market! come spend XXX to use it" and you bought dust and aurum for that reason, before you got into the game, then you have a case. It doesn;t matter if they tell you that you will be gods soon(tm) and able to fire lazor beams out your butt. As long as they don;t give you an explicite date you still lose. A promise =! a guarentee. Thats the difference. And its a free game, you CHOSE to spend money. If you did not do your research into what CCP has stated for eve, and failed to deliver, thats on you. So again, none of this was misleading to anyone. For all they have to do, is show a memo saying in march they are focused on ps3, then another in april givin the reasons why they have to get off the ps3. And they are fine. as 'lazor focused' is just a marketing tool. So can you show where they said "Hey guys, you are getting XXX on this exact date yyy" and because of this information, you went out and bought aurum? One more point. If you coudl sue for marketing terms, there are a ton of game companies you can sue. You can;t however, as there was no spacifics. What does 'lazor focused on ps3' mean? And the fact is, if they keep making updates that they can for dust, then they are technically lazor focused. Incredible stuff! Keep it coming, Kavanagh QC.
I've put a few highlights in bold. There is no requirement of a specific date in order for an action to be misleading. There is no special exemption for 'marketing jargon'. The fact that the company in question has failed to deliver on promises previously is no defence, obviously.
Are you, by any chance, CCP's in-house counsel? |
DaReaperPW
Net 7 The Last Brigade
7
|
Posted - 2014.05.06 20:27:00 -
[54] - Quote
Atiim wrote:How did they mislead us? Just read this thread.
promises =! guarentee. |
PR0FESSOR CHAOS
Brutor Vanguard Minmatar Republic
40
|
Posted - 2014.05.06 20:32:00 -
[55] - Quote
If you are serious about pursuing legal recourse Mark Kahlil is the executive Vice President Sony and lead Legal Council his office is currently preparing. Good luck mark you'll need it.
Good. Use your aggressive feelings, boy. Let the hate flow through you.
|
Ryme Intrinseca
The Rainbow Effect Dirt Nap Squad.
1127
|
Posted - 2014.05.06 20:34:00 -
[56] - Quote
R F Gyro wrote:Ryme Intrinseca wrote:R F Gyro wrote:I'd be reasonably confident that the law would be applied to each purchase, rather than to all your Dust purchases as a whole. So you paid for Aurum, and got Aurum, as described in the product literature. Or you paid for a booster, and got that.
What you probably haven't done, in the eyes of the law, is paid for Dust itself based on any kind of binding longevity promise.
"A misleading action occurs when a practice misleads through the information it contains, or its deceptive presentation, and causes or is likely to cause the average consumer to take a different decision". So the outlines of a case would be: 1. Over the last several months CCP provided misleading information/deceptively presented information (e.g. 'laser-focused on PS3'). 2. This resulted in consumers making different decisions than they otherwise would (e.g. to buy AUR). 3. Therefore, a misleading action has occurred and consumer protection regulations have been breached. There is no need for any 'binding longevity promise' or anything of the sort. All that is required is that misleading/deceptively presented information was provided at some stage, which materially impacted on consumers' decisions. You could well be right. Personally I still doubt it would work out like that if it were tested in court, but even if you could convince me it still wouldn't matter. What you need to do is convince Sony/CCP that there is enough of a risk that you're right that they decide to avoid that risk by paying you off. Or, you need to be so convinced yourself that you are willing to pay the price of litigating it. The beautiful thing is that there's no cost to litigating it. You just make a complaint to Citizens Advice who pass it on to Trading Standards to investigate. They will enforce as they see fit and provide compensation where appropriate.
I should emphasize that you should try to get money back from CCP/Sony before you try this. Citizens Advice may require that you do that before you go to them. |
Ender Storm
Goonfeet Special Planetary Emergency Response Group
75
|
Posted - 2014.05.06 20:38:00 -
[57] - Quote
This community is funny. |
Atiim
Heaven's Lost Property Dirt Nap Squad.
7992
|
Posted - 2014.05.06 20:43:00 -
[58] - Quote
DaReaperPW wrote: promises =! guarentee.
Not according to Meriam-Webster's Dictionary
Promise wrote:
- a declaration that one will do or refrain from doing something specified
- a legally binding declaration that gives the person to whom it is made a right to expect or to claim the performance or forbearance of a specified act
- reason to expect something [little promise of relief]; especially : ground for expectation of success, improvement, or excellence [shows considerable promise]
Your Turn.
inb4 The Lock!
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Ryme Intrinseca
The Rainbow Effect Dirt Nap Squad.
1127
|
Posted - 2014.05.06 20:44:00 -
[59] - Quote
Operative 1125 Lokaas wrote:People don't realize that in America, CCP most likely could be prosecuted for there product misrepresentation.
Of course, this is why they don't set one foot in America with DUST 514 and pretty much not with EVE (not sure about what they have going at their California office). Maybe if it was WoD there would have been legal recourse.
I'm assuming that though the company has satellite offices in America it can't be prosecuted through those since the game and company HQ is in Iceland and China.
If there is any possibility I'd love any lawyer types to find the loophole. Pretty sure US courts would have jurisdiction over AUR sales made in US dollars to US customers. It may well be that any liability would rest with Sony rather than CCP, though.
The main problem is that you may have to litigate under contract law as I don't believe US consumer protection is as robust as EU regulations. Nevertheless a class action may be viable. |
PR0FESSOR CHAOS
Brutor Vanguard Minmatar Republic
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Posted - 2014.05.06 20:44:00 -
[60] - Quote
Yes please contact sony first they will stop at teir two support and forward to teir three in San Mateo CA via e/mail. They will then ask you to conduct a customer service survey, be explicit on this. Then forward all of your responses and requests to at least three vp lvl executives. (Google and linked in will get you a list) I would suggest legal, service, and operations vp based in the states. Nothing an executive hates more is than dealing with plebes they will push it downstairs with the intent it's resolved and never seen again. If your not satisfied rinse and repeat untill they tell you to talk to legal. As wrong as you may be in the end they would rather help you than pay there own attorneys to to tell them to do the same.
Good. Use your aggressive feelings, boy. Let the hate flow through you.
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