Frivolous lawsuits have so far ruined healthcare, television and fast food. Do we really need to turn that gun on a pass-time loved by thousands over a few hours downtime?
Few hours? It's up to 5 days now that I'm sitting with a 6 month game time code that I cannot enter, and my account cannot be activated.
Pretending it's only a few hours inconvenience to everyone is very dishonest.
mmmmm ... fair points all in all ... minor problem though ...
this isn't (shouldn't be seen as) an argument
solely over >in game pixel's<
that is correctly covered in/by the TOS ... gameplay, changes, as is, as available, thems is EAs pixels thilly.
The "problem" is >outside< of the game ... in the accounting and billing dept. (not in the ISPs domain of control either, which is also covered: transmission availability)
Placing a change >unannounced< (no patch screen notice) too quickly (less than thirty days)
that's where it gets all fiddly hair splitting hire a contingency fee lawyer sideways ...
there, we ain't talking about pixels ... we're talking about cash/monies ... and how >the rate< will be posted 30days prior
in the event of a pending change OF >the rate<, and that it is the responsibility of the player to BE aware of that rate change.
Fine ...
The "crack" in the TOS which >maybe< due a judicial review, to set precedent (if there isn't one),
is about the unaddressed mechanics OF managing the monies Through EA's controlled interface
aka: the migration
Temporary hypothetical:
You mailed your tax return two weeks before April 15th, full, complete to the letter, signed and accompanied with a cash equivalent.
It is returned to you as being in error, you placed it in a south facing mailbox, and recent changes dictate that you may ONLY use north or west facing mailboxes.
Or that "mail" is no longer being accepted. Email, yes, ecology damaging PAPER, no.
You LICKED that stamp and homeland security has determined that to be a potential biohazard vector that was "disallowed" two months ago.
*shrugs*
It is the METHOD of handling the monies which is in contention.
General consensus is that EA bungled the process ...
A sober judge is likely to agree ...
A company lawyer (any) would likely ask: What the hell do you mean you ain't out there kissing ass and upgrading accounts as fast as is humanly possible?
You Should be out there NOW with EM events and Special appearances and ANYTHING else you can do to keep them otherwise occupied ...
AT LEAST do something other than mumble a "thank you for your patience" ... THEY did
not GIVE you their patience ...
YOU are stealing it and wearing it out, using it up ...
assuming that they are too used to too little too late too poorly designed and or delivered.
THINK about what has happened ... You have BOTH not only made it harder for them to give you money ...
You made it EASIER for them to quit wanting too ...
GUESS what happens when someone >cannot< cancel an auto account and they get charged for that, and that charge puts them in slightest inconvenience? Or that they return to the game and instead of a global revert ... only their house fell (CC info did NOT migrate, needs to be reaffirmed/ properly linked, for the >customers safety<)
Well, that's how MY lawyer groups would approach it ...Get in front of a "(legally)questionable" situation WITH correctly documented >concern< for your "valued customers" ... ya can recover those costs down the road ... how easy will it be to get ANY customer back, after getting torked off and jerked around and talking really really nasty about you in public? pfffft! you think "first impressions" are difficult to spin? we're talking about another in a long list of neglectful behavior ...
AND we're talking about never grew up entitled to have their demands met, because they gave you ten dollars a month, immediate gratification seeking FANADDICTS ...
(well not >me< ... them *points* ... *grins*)
*shrugs*
Have a real lawyer look the entire situation over, Sure! >bias it< by having him read THIS at least ... tell him it is a "proposition for a moot court hearing" ...
give him access to the TOS and these forums ... familiarize him with all aspects.
I would be amused to see another "opinion" brought forth (but not in an on going "suit" ... too late then )
Make that an "informed opinion", from a Real contract lawyer ... not a google trained poser ... is what I'm saying.
One last, but not final. Per the TOS:This section provides that the Law of California, USA applies to this Agreement.
Ta
DAAAAA
(btw) Technically, some accounts ARE in free time, those accounts that properly expired ... house
hasn't even been triggered into the "grace period"
IDOCers? any houses fall in the last few? updated their active decay? curious, that is all ...