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If you remain LM-17'd after this whole ordealFollow

#27 Sep 01 2009 at 4:57 PM Rating: Default
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just came back in to make the argument:

Quote:
I've read in a number of places that, legally, the Terms of Service isn't even considered a real contract. A contract provides protection for both parties, usually, whereas the TOS/EULA seems to only offer protection for the seller. "This is what we can do. We're warning you ahead of time. Don't take us to court and act surprised."


This. Just because a company makes you sign something, does not make the document legal. It's completely true. If you think otherwise you're going a sheep who is going to get taken advantage of by companies who think they can bully you.

You're not signing a contract, you're agreeing that they're offering you a service.

Now if they change the TOS, the can only (and this is where you legally have a case) ban you for that action from that point forward because when you initially agreed to the contract, it was not originally displayed to you.

They cannot retroactively enforce a TOS they implement TODAY. This is what you can argue legally, and rather pay for the court yourself... make the claim through your credit issuer! It's not fraud, it's a claim, it doesn't mean you'll win, but you have an argument.

They offer you a guarantee of service given certain conditions you must agree to, then they take you for a couple hundred bucks, change the conditions and terminate your membership for something you did on day 1, despite you not agreeing to this on day 1.


This is the same reason if your cell phone provider makes a change to your TOS, you have the right to cancel your contract without penalty.


Now read this:
Quote:
Their are instances however when clauses in a Terms of Service contract are not legally binding, this does not automatically mean all clauses in the ToS are void and can be broken but it can mean that a possible action against a user could be proven illegal in a court of law depending on what clause the justification for said action fell under. An example of such a ToS agreement made news around the web in 2006/2007 when Marc Bragg sued virtual reality giant Linden Research and eventually settled out of court. Though this did not set a legal precedent it did show that when a ToS is a contract of adhesion it is not legally binding. One must remember that contract law is contract law no matter if it is online or off. If an online contract imposes terms which would not be legal in a paper contract than they won’t be legal in one online, this extends to your rights as a human being and your rights to possessions (rights to data are iffy at best so you better hope you get the right judge).


Now as you'll no doubt turn to arguing for that last sentence, i submit to you just that.

IT IS ARGUABLE, AND THEREFORE YOU HAVE THE RIGHT TO FILE A CLAIM

I don't know why the **** you are essentially protecting squeenix. They are doing a ridiculous disservice to their customer base, and it should be fought with any means necessary. Next you'll be telling me that if i post my registered script on a website that states "Anything poster here is the property of the owner of this website", that i just forfeited rights to my intellectual property.

It's not a perfect analogy, but you see how companies can essentially use a TOS/EULA to bully customers into not bothering to file claims?
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#28 Sep 01 2009 at 5:33 PM Rating: Excellent
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I don't understand.
When you file a claim for fraud, the cc company pursues it with the intent to investigate actual fraud.
Fraud indicates a party's act of making an agreement that intentionally misleads another that they will be receiving a product after paying for it, while having no intention of delivering that product suggested in the agreement.

Being banned by violating that agreement's terms does not automatically go back in time and cheat you of the service that you have previously used.

The contract states that violation of the terms can and will result in forfeit of that contract. You are forbidden to use service after the ban not before it so how can you claim to have been cheated out of something you received?

I can understand wanting charges made AFTER the ban to be refunded because you no longer have access to the service and should not pay for something you cannot use.

Retroactively trying to claim that you were cheated out of something you agreed to pay for and used in the past is an invalid premise to receive fraud credits from your card company.

If anything it is fraud on the credit card holder's part, claiming not to have received a service that they did indeed receive up until the point of the ban. Disputing charges that were made after you no longer had service to the product seems more realistic to me.
#29 Sep 01 2009 at 5:34 PM Rating: Good
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Gourry, are you still defending your statement that you're going to dispute all previous charges to your CC if you get banned? Despite your long-winded, quote and bad analogy laden post, it is still fraud.

You did not sign a contract with SE for your character.
    You agreed to their Terms of Service
. That is not a contract laying out each party's rights, that is what you have to do to be able to receive their service. By disputing the charges you are fraudulently saying you did not receive the service.
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#30 Sep 01 2009 at 7:37 PM Rating: Default
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Gourry wrote:
File a fraud claim with Visa/Mastercard/Whoever your card holder is.

I know that at least Visa will most certainly refund you *some* if not all of any money sent to Squeenix, while taking it upon themselves to legally prosecute them for the money and then some.

You may not get your account back, but you'll at least get your money back, and i wouldn't be surprised if someone files a class action.

I haven't been banned (yet), but if they do, i'm not gonna think twice about calling up my back and back-charging them 2 years. I could use the $300.


The TOS states that they can sue you for chargebacks made by your credit card company.
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Adjust the resolution of menus.
The main screen resolution for "FINAL FANTASY XI" is dependent on the "Overlay Graphics Resolution" setting.
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I thought of it first:

http://ffxi.allakhazam.com/forum.html?forum=10&mid=130073657654872218#20
#31 Sep 01 2009 at 7:45 PM Rating: Default
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chewzer, Assassin Reject wrote:


Besides, how the hell is it the airline's fault if the plane gets hijacked?


Their security failed to keep the hijackers off the plane.
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Final Fantasy XI 12-14-11 Update wrote:
Adjust the resolution of menus.
The main screen resolution for "FINAL FANTASY XI" is dependent on the "Overlay Graphics Resolution" setting.
If the Overlay Graphics Resolution is set higher than the Menu Resolution, menus will be automatically resized.


I thought of it first:

http://ffxi.allakhazam.com/forum.html?forum=10&mid=130073657654872218#20
#32 Sep 01 2009 at 9:33 PM Rating: Excellent
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PlankZero wrote:

Holy @#%^... is your tinfoil hat cutting off circulation to your brain or something?

Tell me, exactly how many people have you seen come around here or any other forum after being banned to reveal to everyone that SE was maniacally still charging them every month for their banned account?

Maybe... just maybe... if you'd bothered to read the damn sentence after the one you quoted you would have seen the part about how they cancel your ID's with a ban automatically and STOP CHARGING YOU.
Maybe if you would actually pay attention to what I've been writing and stop trying to take things out of context, you would understand that I'm not the delusional paranoid f*ck you're trying to make me out to be. So let's review...

My initial post was in response to the OP's rather fanciful belief that he would actually get his bank to find in his favor when disputing years worth of past (legit) charges to his account. I gave a perfectly good example of what a legitimate scenario for initiating a dispute would be: actual fraud. You informed me that such charges "can't" happen, which is simply absurd. I explained how they in fact CAN happen, but I never once said that I expected such shenanigans.

But a more appropriate question would be "how many times have you had a company with which you did business unexpectedly make a fraudulent charge on your card, which you were subsequently successful in disputing via your bank?" And the answer to that, in the last 15 years, is exactly three. Three fraudulent charges from companies I bought stuff from, three disputes, three times resolved in my favor. IT HAPPENS. That's why the system is in place.

PlankZero wrote:
why not jump to the next "logical" conclusion and suggest that SE is randomly picking out credit cards to buy themselves fur coats and fancy hats. After all like you said they have all your credit card info.
Ever hear of skimming? Guess you don't think that ever happens, either.

Overburn wrote:
Anything you use on a monthly service has your CC info. A company like SE probably realizes that if they were to try it, they'd easily be @#%^ed by lawsuits for doing it. Worrying about them charging you is a complete waste of time.
I don't worry about it. Not a bit. But my peace of mind has nothing to do with what might happen to the perpetrator... it comes from knowing that by law, I have no liability for truly fraudulent charges, and from knowing how straightforward it is to use the dispute process through my bank.

Edited, Sep 2nd 2009 1:35am by VxSote
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#33 Sep 02 2009 at 12:50 AM Rating: Excellent
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It's worth noting that while banks are often willing to eat a chargeback to keep a customer happy even if they cannot recover the money from the seller, this is still something that they take note of. If you really tried to dispute years of service that you were clearly receiving, there is actually a chance that the credit company would cough up the cash themselves just to keep you a happy customer. However, you've now marked yourself to the bank as a client who makes frivolous or ill-considered claims. You had better hope that you never need to legitimately dispute a charge on your card, because you're probably not going to get the benefit of the doubt a second time.

And, in general, this vilification of SE's billing practices is getting tiresome. Yes, SE makes billing errors, especially regarding inconsistent monthly billing that often gets corrected in the form of a double-billing the following month. However, I have yet to see a credible case where the problem wasn't fixed or explained reasonably after a call to customer service. Too many players see an unexpected charge (or, I suspect, have their parents yell at them about an unexpected charge) and come onto this forum to rant about SE's billing scams, before even calling SE and having the problem fixed.

SE's billing is inconsistent and sloppy, but not fraudulent or malicious, and a phone call usually fixes the problem. And, suggesting that people risk the relationship with their bank just to try to squeeze some bitter revenge out of SE is really, really terrible advice.
#34 Sep 02 2009 at 1:01 AM Rating: Default
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Quote:
Quote:
why not jump to the next "logical" conclusion and suggest that SE is randomly picking out credit cards to buy themselves fur coats and fancy hats. After all like you said they have all your credit card info.

Ever hear of skimming? Guess you don't think that ever happens, either.


Notice this part....

Quote:
It is typically an "inside job" by a dishonest employee of a legitimate merchant.


To dumb this down for you it means it's not the company's ******* policy to skim it's some white collar criminal who is looking at some quality time up state if they get caught.

Claiming people should be afraid of giving SE their credit info because of skimming is just moronic, by that logic you should never use your credit card for anything because any employee of any company could just grab it and ruin you.

When SE bans someone there isn't a free for all where all the employees see who can get your credit card info first so they can have a shopping spree.
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#35 Sep 02 2009 at 3:36 AM Rating: Decent
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Gourry wrote:
File a fraud claim with Visa/Mastercard/Whoever your card holder is.

I know that at least Visa will most certainly refund you *some* if not all of any money sent to Squeenix, while taking it upon themselves to legally prosecute them for the money and then some.

You may not get your account back, but you'll at least get your money back, and i wouldn't be surprised if someone files a class action.

I haven't been banned (yet), but if they do, i'm not gonna think twice about calling up my back and back-charging them 2 years. I could use the $300.


Dumb ***... it'll be SE that will file a fraud case against YOU. You may dispute full charges for that last partial month, but SE DID provide you with their service (FFXI) for the last two years.

It's people like you that are the root cause of SE's 3-D Secure requirement on creditcards now, as that's designed and encouraged to prevent false charge-backs.

Playonline wrote:
All customers are now required to activate this service (Payer Authentication Service (3-D Secure)) before registering a new account or making payment method changes to your current account using the PlayOnline viewer.


wikipedia wrote:
3-D Secure adds another authentication step for online payments. Merchants are encouraged to use 3-D Secure to achieve higher coverage against fraud losses. When a merchant does not use 3-D Secure they are liable for fraudulent transactions even if the transaction was properly authorized.


SE is in the wrong when they double charge a month or charge for the month following the bans, but they will return the overcharge money when you report it to them. Sometimes it's a billing error, sometimes the ban isn't processed in time. (If you appeal a ban and it spread to the next billing cycle, they might continue charging for the next month as they are still providing service.)

Edited, Sep 2nd 2009 1:37pm by Seedling
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