"This subchapter shall be liberally construed and applied to promote its underlying purposes, which are to protect consumers against false, misleading, and deceptive business practices, unconscionable actions, and breaches of warranty and to provide efficient and economical procedures to secure such protection." The statute continues that unconscionable action or course of action means an act or practice which, by taking advantage of the lack of knowledge, ability, experience or capability of a person, results in a detriment to that person. TEX.BUS. & COM.CODE ANN. sec. 17.45(5) (Vernon Supp.1987).
The issue is that you would have to file the suit in the Texas court, but if you want the possibility of this being a class action, that requires you engaging an attorney that specializes in class action suits to locate other victims to add to the suit and get the suit approved as a class action. All class action suits begin as a suit by one person and then the attorneys seek other victims to add to the suit.
You need copies of all of their advertisements of the game and then the game itself to show how their advertisements falsely misrepresented the game and its ability and quality and if you have that as your evidence, that is what you need to make a case.
You would file this in Texas under the Texas law, they will try to move it to federal court based on diversity of citizenship, but once you file in Texas under Texas law, even if they get the case moved to federal court (the federal unfair and deceptive practices statutes are extremely similar to the Texas law) the federal court would hear the case based on federal law.
I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.
If you did not get all of the information you may have wanted PLEASE USE THE REPLY TO EXPERT LINK IF YOU HAVE FOLLOW UP QUESTIONS AND NOT THE FEEDBACK BUTTON FOR BAD SERVICE. PLEASE CLICK ON “OK,” “GOOD” or “EXCELLENT” SERVICE. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the or REPLY TO EXPERT button with whatever issue or clarification you may need.
Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.
What about damages and time lost.
Let me explain.
There is a wide range of in game currency that has been purchased with real money from customers. Many people including my self have lost these items.
Trion worlds has failed to reinburse all players for lost of purchased content.
So for instance, I pay $50.00 for 4,800 BITS which is in game currency. That In game currency is then used in the defiance in game store to purchased "premium" items that give the user(s) a boost at leveling up to finding more items in game that would normally not be found unless you paid.
These boosts were recently discovered to not work during a time frame, my friend Dillion who has purchased these boosts did not know that and has yet to receive a refund.
That brings another point, how many people are out there that purchased "BITS" to buy these premium items and did not know they were no working?
What can be done about this?
Could you recommend anybody for this case?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).