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Looks Like You Can't Sue EA Either

September 23, 2011


First Sony weaseled a user agreement stating:

"ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGALACTION, UNLESS BOTH YOU AND THE SONY ENTITY WITH WHICH YOU HAVE A DISPUTE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.  THIS PROVISION DOES NOT PRECLUDE YOUR PARTICIPATION AS A MEMBER IN A
CLASS ACTION FILED ON OR BEFORE AUGUST 20, 2011."

That pretty much means that you can't sue Sony, that if you have a dispute with them, then you have to settle it with them out of court. But you can file a complaint with them though by writing them a letter within 30 days of accepting the user agreement on the PlayStation Network. 

IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION 15, YOU MUST NOTIFY SNEI IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT.  YOUR WRITTEN NOTIFICATION MUST BE MAILED TO 6080 CENTER DRIVE, 10TH FLOOR, LOS ANGELES, CA 90045, ATTN: LEGAL DEPARTMENT/ARBITRATION AND MUST INCLUDE:  (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR PSN ACCOUNT NUMBER, IF YOU HAVE ONE, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH ANY SONY ENTITY THROUGH ARBITRATION.

This was done about last week, and it seems like Sony got it from another company. EA decided to put in a bogus "you can't sue us" agreement last August on the 25th. This User Agreement must be accepted to play Madden and FIFA online along with using EA's digital distributor program, Origin.

EA's new agreement states:

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

YOU UNDERSTAND THAT BY THIS PROVISION, YOU AND EA ARE FOREGOING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

YOU AND EA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING."

You can do the same thing here with Sony, write them a note saying you don't agree to the terms after agreeing with them. There's one major problem though, the 30 day window ends in two days. 

Just like with Sony, EA's ToS doesn't affect everyone, it doesn't affects thosein Europe or Australia.

Hopefully something will be done about this and an action will take place to get rid of the ToS that have been implanted. And I pray that no other company will follow their steps and put such a ridiculous agreement. I already don't like EA, I think they are the worst company in the gaming industry, so this doesn't do anything but dislike them more; after Mass Effect 3, I won't be buying any of their games...and possibly Dead Space 3.

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