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Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 108699
Experience:  Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
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Dear Sir/Madam, Hello, Bit of a random one this, minor

Resolved Question:

Dear Sir/Madam,
Hello,
Bit of a random one this, minor financial, but major (IMO) principle.
So I like my gaming, online. I pay for added content via a server (Steam) that provides multiplayer access. The games publishers (Activision) and the games maker (Infinity Ward- Call of Duty Ghosts) ban me for no reason.
I am now no longer able to play and the money I have spent is wasted. When I was banned I was given no reason why. No proof. No justification.
I have paid for this. I re iterate, the money is irrelevant as the amount is so small (circa £40) however the principle stands.
Several weeks now of researching various gaming forums has shown countless similar cases. The number of people suddenly means the money involved starts to add up.
In the United States a class action law suite is being prepared subject to enough people signing up to it.
So, as vague as it is, my question is ;
Is it legal for a company (Based in the United States) to take away from you something you have paid ( to an account in Luxembourg (found from my Visa statements)) without giving due reason, proof or justification?
I intend to take this further and will spend money (a lot more than the game is ever worth just out of principle). Assistance at this stage would be very much appreciated.
Yours faithfully,
Mr C Norris
Submitted: 2 years ago.
Category: US Law
Expert:  Guillermo Senmartin replied 2 years ago.

Ok. I ask that you PLEASE not log off without leaving a smiley face/positive rating. This is VERY important and we do not finish just because it says, "To finish".

Interestingly enough, I belong to a gaming guild since 1997 (I’m inactive at the moment) where we sued the owners of a game that we played where a good deal of our accounts were banned. Many of us had spent lots of money on our accounts, buying things for it, etc. I ended up selling my account a couple of years later for around $2000! We sued and we won! Almost all of the accounts were reinstated except for the one or two that had indeed violated the terms of service of the game. It basically settled out of court. We were able to sue because one or two of our members were wealthy individuals and didn’t mind hiring an attorney and spending a few thousand dollars to sue the company. As to how much money they spent and if they got any money back, I do not know. The problem is that most attorneys will not take cases on contingency unless the possibility of recovery is high and the amount that can be recovered is high. This is why class actions are attractive for various reasons. Each individual isn’t going to get much back, but they may get at least what they spent on the game and a little more, and they don’t have to spend anything to sue. The attorneys, with so many clients, are able to get a percentage of the whole settlement or judgment which is often lucrative. So your best bet, so you do not spend too much money or any at all, would be to get into a class action. And if not, you can spend some money, but you are looking at spending a few thousand, probably. But in short, you should be able to recover damages against the company if you did not violate any of their player agreements.

Now that I have given you an answer, you may rate me positively OR ask for additional information. Please do not rate me negatively for bad news or things that you may already know. That does not help you or me. I am here to help you and I am on your side. Give me a chance to help you. All you have to do is respond asking for additional information. You are NOT charged per question nor are you charged per response. If this seems a little complicated or overwhelming, I can also offer you an additional service for a small fee where we can speak in private over the phone or through email that may be helpful (this is a public forum where anyone can read the responses). Feel free to decline it, but if you do, please remember that I am not given a salary, so the only way that I am compensated is if you rate me positively. So at least please use the smiley faces and a bonus is always appreciated if you feel I earned it. Also, your question does NOT close just because it says, "To finish". I can still answer additional questions for you without additional charge. If I do not hear from you, I will automatically send that additional offer request. Thank you for your understanding and if you would like to request me in the future, just type: FOR GUILLERMO in the subject line and message box.

Customer: replied 2 years ago.

Dear Mr Senmartin, Esq.

Ok, thanks for your input. Quite valuable. As a gamer yourself - if you are ever bored- have a look on the Activision Support forums and you will see for yourself the daily number of posts from individuals with the same problem.

Your advice seems sound and concise. Thank you.

As a UK citizen, I don't know where I stand with regards ***** ***** action law suits in the US, however I will try to investigate. If I can I will get involved. If not I will pursue other legal avenues here in the UK. As the payments I made were to a European Country I may have avenue there.

Good to see you (after your problems) had successful resolution albeit after some considerable effort.

Wish me luck haha, I think I will need it....

Expert:  Guillermo Senmartin replied 2 years ago.

Not a problem. You may want to see if there are any class actions in the UK as well. You may be able to join them both. Hopefully I will get back into gaming one day myself, just very little time nowadays. Let me know if you need anything else, but please do not forget to leave a positive rating using the smiley faces below. Thank you!

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