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#61. Posted:
lukey551
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TTG_Nasha wrote
T9X_69 wrote If you continue to do the care package glitch even if your not 10th prestige you will get console banned.

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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.


hey i was banned for the same reason as dean on friday could i use this against them for a glitch in the system and i was pememnalty banned
#62. Posted:
lukey551
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TTG_Kode wrote
xfinalxRazor wrote Do they Console ban for being 10th Prestige?
Only if you have less than 10 days played


also with this ... im sure some people have got to 10th legitally without 10days pplayed... they are so pathetic
#63. Posted:
TTG_Nasher
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The basic answer is yes you can get unbanned, bt it will take a couple of weeks and some letter. If it is a manufactur/program problem then banning you from a paid service is illegal.
#64. Posted:
oliveredmunds
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thanks for this
#65. Posted:
lukey551
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TTG_Dean0 wrote lol could i use thatt to get unbanned because of the ffia ut wireless adapter getting me banned lol


the thing is you could stand up and say in court that u never done that and it jsut said free becasue all the proof they would have is it saying free then they are FKED
#66. Posted:
Lucozade
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Nice post, i know alot more now
#67. Posted:
hippie
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Motto: kids think hippie's 7 foot tall, eats glass and shits lightning -"Dimebag"
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Motto: kids think hippie's 7 foot tall, eats glass and shits lightning -"Dimebag"
It is clearly stated in the ToS that you agree to abide my the law of a set area. NO MATTER WHERE YOU ARE. When you sign on you agree all online interactions are governed by the laws of THAT area not yours. Also you get banned for breaking the ToS you agreed to my signing onto XBL. It clearly states you forfeit any and all rights to sue them if you get banned as you agreed to the ToS to NOT break the set guidelines. If you get banned move on.
#68. Posted:
JoshOffTheWall
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hippie wrote It is clearly stated in the ToS that you agree to abide my the law of a set area. NO MATTER WHERE YOU ARE. When you sign on you agree all online interactions are governed by the laws of THAT area not yours. Also you get banned for breaking the ToS you agreed to my signing onto XBL. It clearly states you forfeit any and all rights to sue them if you get banned as you agreed to the ToS to NOT break the set guidelines. If you get banned move on.

Thank you
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#69. Posted:
TTG_Nasher
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hippie wrote It is clearly stated in the ToS that you agree to abide my the law of a set area. NO MATTER WHERE YOU ARE. When you sign on you agree all online interactions are governed by the laws of THAT area not yours. Also you get banned for breaking the ToS you agreed to my signing onto XBL. It clearly states you forfeit any and all rights to sue them if you get banned as you agreed to the ToS to NOT break the set guidelines. If you get banned move on.


lmao, I can assure you that in the free country I live in, toc's do not superceed actual law. If you are invited into a game and the game is hacked or you were doing something like a care package glitch then you have in no way altered the game, you have just utilised somehong that was programmed into the game. (accepting an invite or care package glitching).

I know uk trading laws very well and am certain that if I had been banned for care package glitching, not only would I of got unbanned but I would of received compensation, even if that compensation be a free console with xbl subscription.

I would also like to remind you that this is for UK xbox live bans and therefore unless you have intricate knowledge of the uk legal system have no need to make such a statement.
#70. Posted:
lukey551
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would this work with the UT glitch becasue many of my friends have been banend for this
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