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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33074
Experience:  Began practicing law in 1992
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I had a question about if I can sue a gaming company for NOT

Customer Question

Hi, I had a question about if I can sue a gaming company for NOT providing enough evidence to me for banning my gaming account
JA: What state is this in? And can you tell me a little more about the charge?
Customer: OK. I was playing a online game. My account traded 1 in-game item with in-game currency with a character which the game company proved is a gold seller. The company didn't ban that account which they proved a game seller. Indeed, they banned my account the next day after the trade was made. Then I started a ticket to deal with this ban behavior. They told me that I was the gold seller since their log shows that I gave the gold to that account. But in fact, I am the receiver. I asked them to provide the log as proof but they refused to do so. And after several days of discussion on that ticket, they downgrade the ban behavior to a suspension behavior without telling me the suspension duration. But notice, when they told me the downgrade thing, my account was already being banned for a week. So I said I accept the downgrade. But when I login, the game shows me that my account has to be downgrade for another 7days and game admin told me that all my in-game currency will be full wiped along with all in game currency with all characters inside my game account I spent months in my game account and I am a loyal game cash shopper. They just full wipe all my effort. So I asked them to provide enough evidence that they can full wipe my and ban me for another 7 days. They gave me a link that was created after my account was banned. My account was banned on 11.16.2016 and the policy web page was created on 11.17.2016. And they told me the "another 7 days suspension" was for their internal use. So this is what happened. I wonder if I can sue them based on this situation that I lost all my effort and I cannot play the game for so long which I didn't expect at all, which I cannot find any evidence to proof my current situation is what I deserve.
JA: Has anything been filed or reported?
Customer: This is a ticket created
JA: Anything else you want the lawyer to know before I connect you?
Customer: No, my first time to find a lawyer
Submitted: 5 months ago.
Category: Legal
Expert:  Dwayne B. replied 5 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 5 months ago.

Have you looked at the terms of service, etc. to see if the website has covered this contingency in their "paperwork"?

Customer: replied 5 months ago.
As a game player, we do click "agree" button of the terms of service popup inside the game. Because if we don't do it, we cannot play the game. But actually, to be honest with you, no game player including me will read that. And after the ban behavior happened, they sent me a link, it says I will get punishment but without enough details telling me what kind of punishment and what I should expect.
Expert:  Dwayne B. replied 5 months ago.

The issue is not going to be whether you read it but whether you had the opportunity to read it. If they covered this in their terms of service and you agreed to it then there's not a case at all. If it is no in the terms of service or some other document then you would have a potential/likely case.

The real problem that you hit is that all of these agreements have a choice of law clause which states that if you sue them you have to do so where they are located. That means you have to hire a lawyer there and you're going to spend more money than you can ever expect to recover. You can recover your attorney's fees as well but you have to advance them and then take a chance on not winning at all.

It is going to cost a minimum of $10k to sue them through an attorney although $20k is more likely. If you're willing to risk that then what you should do is find a lawyer by going to www.lawyers.com and in the section for Area of Practice enter Civil Litigation or Consumer Law. Either of those will have the skill set you need. They will then read through the pertinent documents and advise you as to your chances under those terms.

Customer: replied 5 months ago.
Hi, I don't want a phone call as of now. Can you give me a quick answer first if I can sue them based on my situation? I attached our ticket chat history and their banning policy website. Can you take a look and give me a quick answer?

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