| T9X_69 wrote: |
If you continue to do the care package glitch even if your not 10th prestige you will get console banned.
forums.xbox.com/31127818/ShowPost.aspx |
I am not sure about American Law, but if this happens to anyone in the UK they would be breaching trading standards > treating customers fairly act meaning they would be breaking the law (we all know microsoft think they are above the law) but the fact that it is a developer error and not a user error would cause microsoft to lose any legal battle against a UK xbox live member (I would urge anyone who this happens to, to take ms to a small claims court) you will definately win your case and mcrosoft will also be forced to pay compensation.
I have also heard people say that when they have called ms, they were refused the information as to why they were banned. This is also a breach of law under the data protection act, which states that in the UK any company that holds information on you is legally bound to provide you with any and all information they hold on you, this would include reasons for banning.
Even though their call centre is in India or wherever they still have to stick to these laws as they are providing a product in the UK.
Hope this helps people
Edit: they may also try telling you that you have broke the terms and conditions you agree to by using xbl but the fact is that their terms and conditions do not come above the law.
Edit 2: I was asked if this would cost anything to take them to court, the answer is no, Microsoft are in the wrong and would therefore lose the case (if they didn't offer an out of court settlement which you accepted as this would mean you wouldn't have to take them to court). When microsoft lose their case, on top of the compensation they would pay you and their own legal fees, they would also have to pay YOUR legal fees.
| TTG_JoE_oH wrote: |
| I am going to call them later, and stick some of this to them |
Cool, let me know how you get on, they will inevitably try and fob you off but do not let them, and it is very important to keep your cool or they will hang up and you will have to do it all in writing which takes weeks. Also if they agree to anything with you, even if it is to get a manager to call you back, make sure you get it in writing (e-mail) from them.
Also, make sure you ask for the details of their legal department, address, telephone number etc (not doing this upon request would be yet another breach of the trading standards act)
You will also need to make a log of when you spoke to people and who it was you spoke to, or they will say you never called them. If you have a log then the court would trust you as the consumer.
Last edited by TTG_Nasha Fri Feb 05, 2010 10:58 am; edited 3 times in total
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