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LegalGems, Lawyer
Category: Consumer Protection Law
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I have been playing a game (Modern War) online for about a

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I have been playing a game (Modern War) online for about a year. In order to play the game I made purchases from iTunes (over $2000). The company blocked my account and I cannot access the game. I have sent them emails but they don't respond. I contacted iTunes about the matter but they stated the refund amount is too high.

Do I have any other recourse?

LegalGems :

Hi! LegalGems here. My goal: To Do My Best To Assist You. Please remember, I can only provide general information,as this is a public forum. I am sorry to hear of this. Did they provide a reason as to why they blocked your account? And it was Itunes that blocked it - not Funzio, correct?

Customer: No reason was supplied. Funzio blocked my account and will not respond to my emails. iTunes responded but refused to refund me any money.
LegalGems :

So you are only locked out of Funzio, correct? But this makes your Itunes purchases useless since you are locked out of Funzio? (I'm not a gamer so I want to make sure I understand the facts!)

Customer: Correct.
LegalGems :

Thanks for that!. So the legal issue would be with Funzio. Let me look into a few things.

Customer: Gree bought Funzio and Gree is located in Japan.
LegalGems :

Oh no. That will end up being a jurisdictional nightmare. Do they have any headquarters in the US?

Customer: I don't think so.
Customer: Could I go after iTunes.
LegalGems :

The thing is, this would be a dispute between you and Funzio. Itunes would not be in breach, as they provided you with your purchases - you just can't use them because Funzio blocked you. You can try disputing the Itunes with your credit card company, but if Itunes proves that you purchased and received the item (I know it is a virtual item so I'm not sure what to call it - I guess product) then they would not be in breach, which is generally required for a refund. You may want to do some google searches and see if this has happened to others, in which case you might want to consider a class action. The US would have jurisdiction since they do business here, but enforcing any judgments would be difficult which is why a class action would help.

Customer: Thanks. I thought I was screwed.
LegalGems :

Here's a source you might want to check out: It's just that for 2K, you will have to spend more than that in all likelihood in legal fees. However, if they've done this to others, an attorney may take it on contingency (attorney fees are awarded in class actions).

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