Updated Xbox Live TOS blocks class-action suits

Microsoft has updated its Terms of Service alongside yesterday's Xbox 360 dashboard update, preventing class-action suits and committing to binding arbitration for disputes.

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In your haste to try out the spiffy new Xbox 360 dashboard yesterday, you might have missed an important update to Microsoft's Terms of Service agreement. Like Sony before them, Microsoft has now added language to its TOS preventing class-action lawsuits.

The updated TOS (via Gamasutra) warns users of the changes in binding arbitration policies in bold print at the very top, and the actual language can be found in section 18.1. It reads very similarly to the Sony TOS, promising to resolve disputes by binding arbitration, and giving up legal rights to litigate as a party or class member.

Kotaku reports that you can opt out of the clause by writing a letter or sending a copy of the pre-made form within 30 days to the following address: Microsoft Corporation, ATTN: LCA ARBITRATION, One Microsoft Way, Redmond, WA 98052-6399. Sony included a 30-day opt-out clause as well, also requiring a mailed letter.

These terms only impact those living in the US, mind you, and some states including Illinois, Ohio, and New Mexico are either actively opposing or investigating the matter on behalf of consumers.

These legal terms are becoming increasingly common, after the Supreme Court ruled that such agreements are enforceable in a case involving AT&T. Customers felt misled by advertising for free phones, but the SCOTUS overruled a Ninth Circuit court decision regarding the legality of class waivers.

Sony introduced its TOS months after being hit with a class action suits over the PSN data breach. Similarly, customers recently filed a class-action suit against Microsoft for unauthorized charges, led by a man who claims he was charged twice for the same year of Xbox Live. These TOS updates won't have an impact on currently pending cases, but it seems to be popular preventive measure from large corporations.

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  • reply
    December 7, 2011 12:45 PM

    Steve Watts posted a new article, Updated Xbox Live TOS blocks class-action suits.

    Microsoft has updated its Terms of Service alongside yesterday's Xbox 360 dashboard update, preventing class-action suits and committing to binding arbitration for disputes.

    • reply
      December 7, 2011 1:55 PM

      JC, what do I put in the letter?

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      December 7, 2011 2:01 PM

      uh oh, they're gonna be banning more lesbians

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      December 7, 2011 2:59 PM

      I have a tattoo on my chest that says "Not responsible of any murders I might commit" And it gets me out of lawsuits and jailtime EVERY TIME.

      /language in the TOS is just as bullshit.

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      December 7, 2011 3:18 PM

      These moves to mandatory binding arbitration need to be balanced with increased accountability on the part of the company selling the product; unfortunately, that almost certainly isn't going to happen, because legislators are still stuck in the 1990's "all physical goods" mentality. Not much point in contacting your member of Congress on this if they don't even know how to use a cell phone.

      Along with the EA stuff of "if you get banned from the forums, you get banned from ALL your games", video games as a service are changing the meaning of "caveat emptor". This truly is "the consumer is wrong first", as that's the way that the majority of binding arbitration rulings go.

      The Consumerist's classic "choose your own adventure" article on mandatory binding arbitration: http://consumerist.com/2009/02/mandatory-binding-arbitration-the-worst-choose-your-own-adventure-ever.html

      The best advice now is to not make any investments in video games that you aren't afraid to lose entirely. Just picture taking $60+ out of your wallet and burning it, multiple times per year.

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        December 7, 2011 3:26 PM

        [deleted]

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          December 7, 2011 5:12 PM

          Games have been technically "licensed" for a while, but DRM now gives the ability to remotely revoke that license, and mandatory binding arbitration cuts off the most extreme recourse that a consumer can take against a company that does something wrong. It's basically an honor system now, only the publishers have almost no honor.

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          December 8, 2011 9:40 AM

          Thank our jackhole grandparents for the states having almost no power to stop this kind of thing. Back in the day, states appointed the Senate, not the "popular" vote. And i do mean popular, not qualified. Now Senators are more concerned with staying popular and getting re-elected, instead of making sure the power structure in this country stays even, so that the states have the power to combat this kind of abuse.

          Thank you class, please read pages 27-35 before our next meeting. Dismissed. :D

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      December 7, 2011 3:49 PM

      How long until every business makes you sign a ToS for every purchase? Curious as to why all medical professionals don't have you sign these kinds of agreements.

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        December 7, 2011 6:28 PM

        The Bush Admidistration put a cap on how much you could sue hospitals in an effort to stave off rising health care costs so insurance could be more affordable to people. Once it passed health coverage rose sharply.

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      December 7, 2011 6:30 PM

      [deleted]

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