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MARKD-555

Articles Posted: 0  Links Seeded: 7
Member Since: 11/2008  Last Seen: 5/19/2012

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EA & Sony PS3 Class-Action Lawsuit Prevention Clauses

Seeded on Thu Oct 13, 2011 8:37 AM EDT
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entertainment, sony, rights, law, video-game, class-action-lawsuit, courts, ps3, playstation, ea, origin, waiver, trial-by-jury, elua
Seeded by MarkD-555
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Welcome to the age of mandatory negation of your consumer rights if you want to use a product you already purchased without opportunity for a refund.

EA:

By accepting these terms, you and EA expressly waive the right to a trial by jury or to participate in a class action.

---

Sony:

NOTE: THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN SECTION 15 THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT AND WITH RESPECT TO ANY “DISPUTE” (AS DEFINED BELOW) BETWEEN YOU AND SNEI, SONY COMPUTER ENTERTAINMENT INC.,

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MarkD-555

Both EA and Sony now require you to submit to binding arbitration and negate your rights to a class action lawsuit if you want to use their products - they you already purchased - that you cannot get a refund for.

Unless you physically send a certified snail mail letter specifically requesting you keep your consumer rights, you have none.

Sadly, this type of agreement has already been upheld in US courts.

Quebec, Russia, Switzerland and the Member States of the European Union don't allow this type of automatic voiding of consumer rights with a mandatory "click here" agreement.

  • 2 votes
Reply#1 - Thu Oct 13, 2011 8:45 AM EDT
MarkD-555

I did find a website that will physically mail certified letters free for this purpose and email a copy of the certification number.

https://www.gamersoptout.com/process

Gamers Opt Out is a collective of gamers who are sick of absurd EULAs from game companies. These EULAs have clauses preventing class-action lawsuits, though you can opt out of the clauses by sending a letter. We want to make it easier for everyone to opt out because Sony, EA, et al, believe most people won't bother to. Let's show them they're wrong. We will make it easy for you to create the letter needed to send to these companies and can even send the letter on your behalf at no cost.

  • 2 votes
Reply#2 - Thu Oct 13, 2011 9:01 AM EDT
eric fuller

That's it. I'm buying an XBOX 360.

    Reply#3 - Fri Oct 14, 2011 12:06 PM EDT
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