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June 14
2013

Xboned: XB1 Owners Not Allowed To File Class Action Lawsuits

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XboxOne
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International Business Times has reported that one of the terms and conditions for people buying the Xbox One is:

  • Terms include binding arbitration with class action waiver to resolve disputes.

What this means is that if you and other users have a problem with Microsoft’s new console then you cannot band together for a class action lawsuit, much like what happened when the Xbox 360 disc drive was destroying discs, and when massive numbers of users were banned for having modified consoles even if those “modifications” were just a result of fixing a broken DVD drive, and when people were  being double-billed for their Live! subscriptions, and when Microsoft covered up the failure rates of the 360 console. Instead, the legal options that Xbox One owners will have are to either take Microsoft to court one-on-one – may the man with more of the high-priced lawyers win – or to engage in arbitration.

Arbitration is one of the worst deals to be offered to consumers on any front in any situation. What happens in arbitration is that the wronged consumer, in lieu of going into a court battle, can attempt to settle disputes with the company through an arbitrator. An arbitrator who is selected by the company and goes through a process with no legal rules or objections. In other words, it’s a like having Smithers settle a dispute between you and Mr. Burns.

By this point it is clear that Microsoft hates you, actively. Yes, you, consumer who wants to give them money to play video games. They don’t like you as you are a burden, the obstacle between them and your money. The opinion they have of you is that you are some dupe who should give them your cash, be grateful for the privilege of owning anything they deign to toss your way, and then scuttle away into the dark and bother them no more.

Microsoft, if I might offer a suggestion: if you hate consumers so much, then you might want to get out of the business of production.

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About Christian Walters

(Writer) Christian lives in El Cerrito, CA which is close enough to San Francisco to count. When not busy being unimpressed by press releases and AAA hype, he spends his time singing, finding heavy things to pick up and put down, and occasionally going out on the town in naught but cowhide. He has worked in the industry with companies like Sega of America and Trion Worlds, and one day hopes to design a game of his very own.

6 Responses

  1. avatar Mike says:

    Well, this is highly inflammatory. Arbitration agreements are SUPER common in our hyper litigious society. You can blame people trying to stick it to McDonalds for hot coffee burns, or EA for ME3 endings.. I’d be highly surprised if your average toaster didn’t come with one, or… Shock… All other game consoles.

    • avatar BJD says:

      Mike, I urge you to watch the documentary “Hot Coffee”.

      Luckily for me, these clauses don’t apply in the UK, but we are starting to have our consumer rights whittled away with companies echoing what was said in the US following the McDonald’s case.

  2. avatar Gee Kay says:

    These arbitration clauses are already required for the PS3, 360, and most EA games. google it! It’s a really unfortunate anti-consumer standard.

  3. avatar chris says:

    I couldn’t agree more, but this is the result of not having acted against all other things MS has been doing wrong, like paying to play online (everywhere free, I hope Sony rethinks about it on PS4), namely the Gold Live Service.

    It has generated a lot of extra revenue for MS, that’s without taking in account the ads!!

  4. avatar leap says:

    It’s like a bad dream. I can’t think of any other current company that more actively screws the consumer. I’m just afraid they’ll get so many people to fall for all this that it’ll make more companies fall in line.

  5. avatar Branovices says:

    Have these ever actually held up in court? I just don’t see how you can agree with tiny print, just by using a product, to have legal rights taken away from you.

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