DUST Search - UK/EU consumer protection regulations

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.

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Ryme Intrinseca The Rainbow Effect Dirt Nap Squad. 1164	Posted - 2014.05.07 10:30:00 - [121] - Quote Phoned Sony. They said the US has already made a decision on Dust refunds (I got the impression that the decision was to refund). The EU has not but it is in their 'incident tracker', the lawyers are looking at it, and I will be told when a decision is made. Was expecting to have to make the consumer protection argument myself but they already know about it; the guy on the phone said the lawyers would be 'sweating bullets'. Have to say he was very helpful. Think Sony will be glad to see the back of CCP...
Kaughst Nyain San Dirt Nap Squad. 481	Posted - 2014.05.07 10:48:00 - [122] - Quote This reminds me of that autistic kid who tried to sue Blizzard because he thought they were sucking money out of consumers for making them walk everywhere in World of Warcraft. "He said he has a alt in STB." "Everyone has a alt in STB."
iceyburnz Crux Special Tasks Group Gallente Federation 1383	Posted - 2014.05.07 10:52:00 - [123] - Quote Iron Wolf Saber wrote: Popcorns* I wonder if the law applies to both parners of the trade? Costumers don't count as partners, they count as customers. "We spent so much time huddling inside buildings with tanks circling outside like a swarm of sharks around bait"
Ryme Intrinseca The Rainbow Effect Dirt Nap Squad. 1164	Posted - 2014.05.07 10:55:00 - [124] - Quote Kaughst wrote: Tries and fails to grasp UK consumer protection regulations between bites of Cheetos found in neckbeard.
Kincate DUST University Ivy League 46	Posted - 2014.05.07 11:01:00 - [125] - Quote Yeah except CCP did not release any misleading information, they did not release any information. Besides you payed for items in a game. CCP said the game will continue on. What CCP does with the money you paid afterwards is not relavent. If they took all the money people paid and bought strippers and beer video tapped it and put it on the internet you as the consumer have not been mislead. So if they want to take the money they earned and use it to take half the development team away from one game and put them on another they can. How exactly have you been mislead?
Shion Typhon Intara Direct Action Caldari State 640	Posted - 2014.05.07 11:04:00 - [126] - Quote I have no real insight into the law in the UK/EU but I've been working in consumer protection prosecution for years and to be honest, there is actually the possibility of a reasonable case being argued under Australian law. While it absolutely would not be worth the $'s it would cost to pursue it (and difficulties with foreign jurisdictions), there's a fair bit of precedent for misleading and deceptive conduct and false advertising. A good Trade Practices Act lawyer could probably make a go of it. It's not as dismissable as people think, I've written legal briefs on flimsier grounds than that.
Ryme Intrinseca The Rainbow Effect Dirt Nap Squad. 1169	Posted - 2014.05.07 11:10:00 - [127] - Quote Kincate wrote: Yeah except CCP did not release any misleading information, they did not release any information. Besides you payed for items in a game. CCP said the game will continue on. What CCP does with the money you paid afterwards is not relavent. If they took all the money people paid and bought strippers and beer video tapped it and put it on the internet you as the consumer have not been mislead. So if they want to take the money they earned and use it to take half the development team away from one game and put them on another they can. How exactly have you been mislead? They repeatedly said they were 'laser-focused' or 'fully committed' to developing Dust when they were actually winding down development. Keeping the servers open Gëá development. Thus, they mislead people. Furthermore, some people, like me, bought AUR on the basis of this misleading information. I would not have bought any AUR over the last six months had CCP been honest and said that major development was ending shortly. As I've said before, it is irrelevant what CCP do with the money they bring in. What is relevant is whether they have mislead people in ways, such as the above, which impact their purchasing decisions.
Leeroy Gannarsein Shining Flame Amarr Empire 11	Posted - 2014.05.07 11:13:00 - [128] - Quote Kincate wrote: Yeah except CCP did not release any misleading information, they did not release any information. Besides you payed for items in a game. CCP said the game will continue on. What CCP does with the money you paid afterwards is not relavent. If they took all the money people paid and bought strippers and beer video tapped it and put it on the internet you as the consumer have not been mislead. So if they want to take the money they earned and use it to take half the development team away from one game and put them on another they can. How exactly have you been mislead? Plenty of sources of misleading information, and just so you're aware, a lie by omission, which this is, insofar as the failure to provide accurate information regarding the changed prospects of the game is concerned, is still a lie. Which is misleading. Which is a breach of consumer protection laws. Which is another way of saying "I'm nothing more than an armchair lawyer, but I still understand the (not very subtle) nuances of consumer protection better than you." MY ACTUAL NAME IS LORHAK
Kaughst Nyain San Dirt Nap Squad. 481	Posted - 2014.05.07 11:14:00 - [129] - Quote Ryme Intrinseca wrote: Kaughst wrote: Tries and fails to grasp UK consumer protection regulations between bites of Cheetos found in neckbeard. Good luck not getting anywhere. "He said he has a alt in STB." "Everyone has a alt in STB."
Leeroy Gannarsein Shining Flame Amarr Empire 11	Posted - 2014.05.07 11:16:00 - [130] - Quote Kaughst wrote: Ryme Intrinseca wrote: Kaughst wrote: Tries and fails to grasp UK consumer protection regulations between bites of Cheetos found in neckbeard. Good luck not getting anywhere. Plenty of people got anywhere on the strength of these arguments. MY ACTUAL NAME IS LORHAK

Ryme Intrinseca The Rainbow Effect Dirt Nap Squad. 1169	Posted - 2014.05.07 11:16:00 - [131] - Quote As enjoyable as it is laughing at people's total incomprehension of basic legal principles I have a pile of work to do. I won't be visiting these forums again until I hear back from Sony.
Kaughst Nyain San Dirt Nap Squad. 481	Posted - 2014.05.07 11:17:00 - [132] - Quote Leeroy Gannarsein wrote: Kaughst wrote: Ryme Intrinseca wrote: Kaughst wrote: Tries and fails to grasp UK consumer protection regulations between bites of Cheetos found in neckbeard. Good luck not getting anywhere. Plenty of people got anywhere on the strength of these arguments. The point is he is the autistic child arguing frivolous arguments. "He said he has a alt in STB." "Everyone has a alt in STB."
m621 zma Seraphim Initiative.. 120	Posted - 2014.05.07 11:46:00 - [133] - Quote Ryme Intrinseca wrote: Scheherazade VII wrote: your name is after some strange place near Yeovil, I remember driving past it on the way Yeovil and thought "thats a weird place" and carried on driving. Yes it is, there are lots of weird village names around there that could be a futuristic merc (e.g. Toller Porcorum, Minterne Magna), I went with this one. South West massive repraaaazent!!!!
Garrett Blacknova Codex Troopers 5487	Posted - 2014.05.07 11:47:00 - [134] - Quote Kincate wrote: Yeah except CCP did not release any misleading information, they did not release any information. Besides you payed for items in a game. CCP said the game will continue on. What CCP does with the money you paid afterwards is not relavent. If they took all the money people paid and bought strippers and beer video tapped it and put it on the internet you as the consumer have not been mislead. So if they want to take the money they earned and use it to take half the development team away from one game and put them on another they can. How exactly have you been mislead? They never released any misleading information. They never released any misleading information. They never released any misleading information. The game was directly stated to be continuing on PS3 and when that changed, they misled us with a lie of omission by witholding that information. The game was directly stated to be receiving ongoing support AFTER they had stopped supporting it and moved most of the development team to Legion. The game was directly advertised as coming to PS4 as the primary next-gen platform for development, and again, there was a lie of omission when that change wasn't communicated to us until AFTER pushing Aurum with multiple sales. If none of that is misleading, neither is this.
jimmybroon brown 29	Posted - 2014.05.07 12:49:00 - [135] - Quote Iron Wolf Saber wrote: Remember the UK court allows Candy Crush saga to sue Banner Saga and win. 'Banner Saga' can never be used in a future title becuase of the outcome. Im n+¦t surprised that your trying to make a joke out of it rather than actually give some helpfull advice
Vala Prime Death by Disassociation Top Men. 48	Posted - 2014.05.08 21:32:00 - [136] - Quote Does the burning tree have to obey the law. I bet if you told eve players they moving eve to ps3 bet they be mad too. I fought the law the law won. Oh s*** ban. Time to troll
Beld Errmon 1653	Posted - 2014.05.27 10:40:00 - [137] - Quote So weeks later did the big bad internet lawyer crowd do a single thing? I'll go ahead and answer that one, nope, full of ****. Pilot - Tanker - FOTM (insert here)
Garrett Blacknova Codex Troopers 5574	Posted - 2014.05.27 10:44:00 - [138] - Quote Beld Errmon wrote: So weeks later did the big bad internet lawyer crowd do a single thing? I'll go ahead and answer that one, nope, full of ****. I talked half a dozen friends in New Zealand, Australia and the UK through getting refunds over the issue, so I'd say most of us probably did all we needed to.
steadyhand amarr shadows of 514 3131	Posted - 2014.05.27 12:23:00 - [139] - Quote Naw people trickrd sony into a diffrent uk law which is anything that is bought can be returned in 30 days, once the level 1 support guys where told they cant undo the transaction if the customer used the ARU in question they promptly stopped the refunds, Ccp clearly stated you are buying ARU which is in game currancy The ARU can be used to buy in game items Boosters are sold for a 30 day boost to sp. Simply put CCP as not mislead in any adverts of these products (they are seprate productd to the game itself) If CCP closed the game down tomorrow they would have to then refund any ARU or unused boosters. But the game is still running. So again when u buy a product read what you are getting thats all the law cares about. You got what u paid for ARU and boosters that run for 30 days. The only refunds handed out if itall (internet bull likely here) was a 30 day refund law which should not have been handed out because the product got used. "i dont care about you or your goals, just show me the dam isk" winner of EU squad cup GOGO power rangers
TechMechMeds KLEENEX INC. 3441	Posted - 2014.05.27 12:32:00 - [140] - Quote NomaDz 2K wrote: Ryme Intrinseca wrote: If you trade in a country you are subject to its laws. It's really not hard to grasp. Yep and not to mention that we are also protected by british laws even abroad because we are Royal Subjects what commonwealth country are you from mate?. Yeah our law protects a lot of people from their own governments, its actually quite sad. Eve Legion FTW!

TechMechMeds KLEENEX INC. 3441	Posted - 2014.05.27 12:39:00 - [141] - Quote Kaughst wrote: This reminds me of that autistic kid who tried to sue Blizzard because he thought they were sucking money out of consumers for making them walk everywhere in World of Warcraft. HAHAHAHAHAHAHAHAHASHA. Had to convince a buddy once that he wasnt an orange while he was tripping as he was trying to peel his skin off!. I was tripping as well so you can imagine how nightmarish it was lol. not laughing at the kid either, just the context. Eve Legion FTW!
Baal Omniscient L.O.T.I.S. D.E.F.I.A.N.C.E 1561	Posted - 2014.05.27 12:41:00 - [142] - Quote TechMechMeds wrote: NomaDz 2K wrote: Ryme Intrinseca wrote: If you trade in a country you are subject to its laws. It's really not hard to grasp. Yep and not to mention that we are also protected by british laws even abroad because we are Royal Subjects what commonwealth country are you from mate?. Yeah our law protects a lot of people from their own governments, its actually quite sad. Unfortunately they don't protect Americans from ours.... Your welcome to add me on PSN, just give your Dust name in the request. PSN ID: AlbelNox2569 MAG Vet ~ Raven
TechMechMeds KLEENEX INC. 3441	Posted - 2014.05.27 12:45:00 - [143] - Quote This is a much harder case to deal with then anyone in this thread seems to grasp unfortunately People got misled We all accepted the EULA which states that CCP owns our profiles basically We knowingly bought a currency to spend in game We were told that its got a long road map It is staying on the sony network though Theres more but its really not a simple thing and there were no actual promises ever. No worker at CCP ever PROMISED anything and the EULA states that they own everything. Eve Legion FTW!
TechMechMeds KLEENEX INC. 3442	Posted - 2014.05.27 12:50:00 - [144] - Quote Baal Omniscient wrote: TechMechMeds wrote: NomaDz 2K wrote: Ryme Intrinseca wrote: If you trade in a country you are subject to its laws. It's really not hard to grasp. Yep and not to mention that we are also protected by british laws even abroad because we are Royal Subjects what commonwealth country are you from mate?. Yeah our law protects a lot of people from their own governments, its actually quite sad. Unfortunately they don't protect Americans from ours.... Your ancestors wanted freedom and got it and for a time (about 30 years if that?) it was actually good but then reality kicked in and so did the fed. Eve Legion FTW!
The Rainbow Affect The Rainbow Effect Dirt Nap Squad. 1	Posted - 2014.05.27 12:57:00 - [145] - Quote With so many blue tags on the forums these days.... Is there any chance we can get some official stand from CCP's side on this entire matter? I doubt it but it would be "proper". LOL, my bad, CCP =/= proper...
Baal Omniscient L.O.T.I.S. D.E.F.I.A.N.C.E 1562	Posted - 2014.05.27 12:58:00 - [146] - Quote TechMechMeds wrote: Baal Omniscient wrote: TechMechMeds wrote: NomaDz 2K wrote: Ryme Intrinseca wrote: If you trade in a country you are subject to its laws. It's really not hard to grasp. Yep and not to mention that we are also protected by british laws even abroad because we are Royal Subjects what commonwealth country are you from mate?. Yeah our law protects a lot of people from their own governments, its actually quite sad. Unfortunately they don't protect Americans from ours.... Your ancestors wanted freedom and got it and for a time (about 30 years if that?) it was actually good but then reality kicked in and so did the fed. Things were tolerable politically (race and sex discrimination related things aside) until the corporations took over everything in the 1970's and 80's. And once the Citizens United ruling went through, things bottomed out hardcore. Now wolf-pac.com is the only (distant) hope left for us to correct things. It's a sad sad world we live in these days... Your welcome to add me on PSN, just give your Dust name in the request. PSN ID: AlbelNox2569 MAG Vet ~ Raven
Hansei Kaizen The Jackson Five 207	Posted - 2014.05.27 13:02:00 - [147] - Quote 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. You can start practicing for the formulation of your complaint by posting here in which way you where misled. Show us on this doll where they took your money pulls out tiny empty pockets The answer to your complaint is PvE. Always. NPE status: (Gò»°Gûí°n+ëGò»n+¦ Gö+GöüGö+ Casual solo
TechMechMeds KLEENEX INC. 3442	Posted - 2014.05.27 13:04:00 - [148] - Quote I was just laughing because your ancestors are mine as well. I had family on booth sides of the revolution and the civil war with family coming back to the UK around 1899 but whether im from the offshoot coming back or not i Don't know. there was once a town called valeene that my ancestors founded with others and lived at one point as well. I dont know a great deal about it though. i have a long lost cousin who e mailed me about my great uncle George dying as well which was strange, n never knew either lol. Eve Legion FTW!
Captain-Awesome Imperfects Negative-Feedback 565	Posted - 2014.05.27 13:15:00 - [149] - Quote honestly, did you expect CCP 10 year plan to stay on playstation 3 that had already been relegated to last gen? how can this community prove to be anymore stupid? make this thread. Seriously. Grow some balls, man the ** up, you sound an old man reluctant to change. we all knew and accepted that CCP was going to move from PS3. Now when they announce it, you hit the roof. idiots. Try sue CCP, spend more of your hard earned money on something you will never win. You was stupid enough to spend money on this game in the first place so why not carry on with the tradition. here is what I hope CCP thinks about this community [url]https://i.chzbgr.com/maxW500/7782390016/h42060F1F/[/url] > Registered: March 2011 >Role:** Logistics Waiting for dust to go on PS4
Iron Wolf Saber Den of Swords 15209	Posted - 2014.05.27 13:59:00 - [150] - Quote Ryme Intrinseca wrote: '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. Statement of Laser Focused was made back in October 2013; well before Legion was an inkling in anyone's eyes. Also 10 year plan does not include platform if you look back at all the soundbites. While some people have 20/20 past vision others have a muddle of recollection of the timeline of past events and highly reliant on human methods in remembering. Finally I never heard any of the previous 'lawsuits' getting into court ever. Sony is the sort of people you do not want to sue; I mean read about this case. http://www.1up.com/news/sony-lawsuits-force-lik-sang-closure you'd think the consumers would win out here. CPM 0 Secretary Omni-Soldier, Forum Warrior, Annoying Artist \\= Advanced Caldari Assault // Unlocked



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