Substantial Progress Recovering Lost Funds From Banned Accts

[tbgvtr]

I just want to post that my client has had great progress with fund recovery from RMAH purchases on her 12/18/12 ban-wave'd account. My advice to her and others can be found on my post in the demonbudy ban report section here: http://www.thebuddyforum.com/demonb...7517-1-1-ban-main-how-i-recomend-proceed.html
(edit2- this is also mainly for people who purchased their game retail, if you bought direct from blizzard you will probably have a harder time, but also you may have an easier time to ask for a refund for the game itself.)q

To anyone facing similar circumstance, there is a lot of helpful information in that post, and I do hope as many people follow through with this as possible, because truely our strength will be directly correlated to our numbers, or the numbers of complaints filed against them. To those who have not received funds for sales, I sincerely hope that is not a result of this and may change my stance if I find out otherwise, for now, best of luck to all, and take the time to read up on your rights and options on either my post linked above or elsewhere, because Blizzard does not have all the rights they imply firstly; and secondly all of there terms are expressly up for dispute via their dispute resolution policy; so none of their terms are 100% final! Again, to all best of luck, happy holidays!

(edit*please note some details may have been excluded or modified for the sake of my clients privacy, however nothing in a way that distorts the meaning)

Feel free to PM me with your intentions and ask any legal questions or for whatever legal advice, and I will do my best to answer accurately within a 48-72 hour window tops. I am however not looking to actually represent any new clients myself until I find out some more details and complete this first case. The advice may be all the help you need though .

 

[tbgvtr]

1. File paypal claim for all transactions within past 45 days.
2. File chargebacks with your credit card or bank for as far back as they will let you (in my experience 90 days) for all RMAH purchases.
3. Tell blizzard through ticket and through certified mail to their address listed on dispute policy website of your intent to enter arbitration.
4. Tell them since you did not agree to any terms of use or service (or eula) when you purchased the game, and when it was already installed you could not return it, you had no other option to use what you spent 59.99 (or w/e amount on) besides to click the accept button when presented with these terms.
5. File a complaint with the Los Angeles Better Business Bureau (la.bbb.org) for full amount in total spent on game and on rmah transactions, if possible include printouts of total billed in billing agreement on paypal and any credit card or bank statements.
6. Contact Blizzard through tickets repeatedly informing them that as the only route of contact to the account administrator, through tickets they must commence in negotiations for 30 days or forfeit (sever as per section 7) section 1. When they close a ticket immediately open a new one. After being ignored and/or repeatedly told that they will not negotiate or change the penalty under any circumstances, inform them that any response not explicitly mentioning intent to negotiate at all will be interpreted to mean they are (a) not upholding their own terms, and (b) effectively severing section 1 of their policy.
7. Warmly thank them for their help speeding up the process to enter arbitration and recovering funds lost in this gross breach of privacy rights!
8. Never admit to anything ever.


^^ This is a TLDR btw, and this is mainly for people who share the belief " it is not cheating unless you get caught, and they can prove it" (or something similar "illegal search" or w/e your reason) if you disagree with the philosophy, you have every right to have your opinion, but please refrain from debating it in this thread, but feel free to start a new one for that discussion if it is important to you or you have important information to share.

 

[rockon8729]

Two questions for now:
1: Does this only work for the purchase of the physical copy? I purchased the game digitally.
2: I used an AMEX for most RMAH purchases....as far as chargebacks go I seem to have to actually dispute the charge.
The questions on my dispute page are as follows:
Have you contacted the merchant? Yes or No
Merchant Response:
Merchant indicated they would issue a credit.
Unable to contact merchant
Other
Reason for Dispute:
I do not recognize this transaction
I was charged more than once for this transaction
I have not received the merchandise.
I have not received the service
I returned this item.
I canceled this service
Defective Merchandise
Quality of merchandise/service is not as described
Other

Any advice on what to do at this point?

Blizzard also has already told me they will not discuss my ticket about the ban anymore.

 

[rockon8729]

I was thinking Merchant unwilling to assist, reason for dispute being that the item was taken back by merchant. found that response funny.

 

[capitancapitan]

So if you file a complaint through paypal, are you getting the money from blizzard or the party who sold you the items? If it's from blizzard, that'd be funny. They'd be out 5 grand after paying out the seller because they want to play the middle man!

 

[harleystcool]

what is this thread about? the proper way of filing chargebacks?

 

[tbgvtr]

So if you file a complaint through paypal, are you getting the money from blizzard or the party who sold you the items? If it's from blizzard, that'd be funny. They'd be out 5 grand after paying out the seller because they want to play the middle man!

Yes, that is what I am hoping, yet to see for sure.

 

[tbgvtr]

Two questions for now:
1: Does this only work for the purchase of the physical copy? I purchased the game digitally.
2: I used an AMEX for most RMAH purchases....as far as chargebacks go I seem to have to actually dispute the charge.
The questions on my dispute page are as follows:
Have you contacted the merchant? Yes
Merchant Response:
Merchant indicated they would issue a credit.
Unable to contact merchant
Other: Merchant expressed unwillingness to negotiate or issue a credit in any form.
Reason for Dispute:
I do not recognize this transaction
I was charged more than once for this transaction
I have not received the merchandise.
I have not received the service
I returned this item.
I canceled this service
Defective Merchandise: I presumed the license to use the loot would not be so hastely revoked, and would like a refund.
Quality of merchandise/service is not as described
Other

Any advice on what to do at this point?

Blizzard also has already told me they will not discuss my ticket about the ban anymore.

2. That would be my advice for this form, take it for what it is worth, up to you how to file ultimately.
1. You may be able to get a refund by sumbitting the ticket that asks for a refund for the copy of diablo 3. I do not have experience with this but I've read of success.

 

[tbgvtr]

Cheers; hope everyone is standing up for their rights xD

 

[ad3ddd]

Good work. Lawyered, is what comes to mind.

 

[Bic420]

1. File paypal claim for all transactions within past 45 days.
2. File chargebacks with your credit card or bank for as far back as they will let you (in my experience 90 days) for all RMAH purchases.
3. Tell blizzard through ticket and through certified mail to their address listed on dispute policy website of your intent to enter arbitration.
4. Tell them since you did not agree to any terms of use or service (or eula) when you purchased the game, and when it was already installed you could not return it, you had no other option to use what you spent 59.99 (or w/e amount on) besides to click the accept button when presented with these terms.
5. File a complaint with the Los Angeles Better Business Bureau (la.bbb.org) for full amount in total spent on game and on rmah transactions, if possible include printouts of total billed in billing agreement on paypal and any credit card or bank statements.
6. Contact Blizzard through tickets repeatedly informing them that as the only route of contact to the account administrator, through tickets they must commence in negotiations for 30 days or forfeit (sever as per section 7) section 1. When they close a ticket immediately open a new one. After being ignored and/or repeatedly told that they will not negotiate or change the penalty under any circumstances, inform them that any response not explicitly mentioning intent to negotiate at all will be interpreted to mean they are (a) not upholding their own terms, and (b) effectively severing section 1 of their policy.
7. Warmly thank them for their help speeding up the process to enter arbitration and recovering funds lost in this gross breach of privacy rights!
8. Never admit to anything ever.


^^ This is a TLDR btw, and this is mainly for people who share the belief " it is not cheating unless you get caught, and they can prove it" (or something similar "illegal search" or w/e your reason) if you disagree with the philosophy, you have every right to have your opinion, but please refrain from debating it in this thread, but feel free to start a new one for that discussion if it is important to you or you have important information to share.

1. - Bad idea and will not work.
2. -This will not work and is a horrible suggestion, you will end up getting in legal trouble yourself for attempting this.
3. - You can go ahead and do this, nothing bad will happen but blizzard will just laugh at you and nothing will be done.
4. - Never in the history of any game have you had to agree to terms of service or eula before purchasing said game, so that does not have any legal merit.(world have warcraft have been using the same method for close to 10years) Further more you can in fact return the game if you so choose not to accept the terms/eula, So that is not true at all you did very much have an option to return the game if you were not interested in signing the terms/eula.
5. - Do not do this...it will be a huge waste of time, tbgvtr(OP of the thread) is not doing any of the suggested steps he listed, he is hoping for other people to do it for him hoping that blizzard might get annoyed by the number of banned accounts filing complaints and trying to go around blizzard and contact places like Los Angeles Better Business Bureau, the problem is, is that blizzard wont care even in the slightest, People who bot will continue to buy new accounts so blizzard is still making money so it is a win win situation for them.
6. - There are more than one way of contacting blizzard in regards to your banned account, They specially give you alternate means of contacting them, I suggest you read carefully next time what they say. So your actually not severing anything in section 7 or the entire terms of service/eula and they are upholding everything that it states.
7. - They will warmly thank you right back when you end up getting your paypal shutdown(or funds automatically removed) or sued by blizzard for fraud.
8. - This is the only point out of the 8 you posted that actually is true, problem is If you got banned then they already have enough proof to show that your guilty so making up lies will not do much.

 

[packetloss]

1. - Bad idea and will not work.
2. -This will not work and is a horrible suggestion, you will end up getting in legal trouble yourself for attempting this.
3. - You can go ahead and do this, nothing bad will happen but blizzard will just laugh at you and nothing will be done.
4. - Never in the history of any game have you had to agree to terms of service or eula before purchasing said game, so that does not have any legal merit.(world have warcraft have been using the same method for close to 10years) Further more you can in fact return the game if you so choose not to accept the terms/eula, So that is not true at all you did very much have an option to return the game if you were not interested in signing the terms/eula.
5. - Do not do this...it will be a huge waste of time, tbgvtr(OP of the thread) is not doing any of the suggested steps he listed, he is hoping for other people to do it for him hoping that blizzard might get annoyed by the number of banned accounts filing complaints and trying to go around blizzard and contact places like Los Angeles Better Business Bureau, the problem is, is that blizzard wont care even in the slightest, People who bot will continue to buy new accounts so blizzard is still making money so it is a win win situation for them.
6. - There are more than one way of contacting blizzard in regards to your banned account, They specially give you alternate means of contacting them, I suggest you read carefully next time what they say. So your actually not severing anything in section 7 or the entire terms of service/eula and they are upholding everything that it states.
7. - They will warmly thank you right back when you end up getting your paypal shutdown(or funds automatically removed) or sued by blizzard for fraud.
8. - This is the only point out of the 8 you posted that actually is true, problem is If you got banned then they already have enough proof to show that your guilty so making up lies will not do much.

I wonder if you work for Blizzard or something. #2 does work. Did it myself and got my money back. When you submit a chargback it gets investigated and the CC company doesn't take too kindly of a merchant selling a product that can't be used. I'm not sure why you think Blizzard can write whatever they want in a TOS and it's as if it was blessed by god.

#4 shows you don't comprehend just how ludicrous the situation is. You have to buy the game, open it up (so that it's no longer returnable) before you can read the TOS to decide if you agree or disagree. In the past, these forced TOS agreements have been thrown out.

As far as #8, they have yet to furnish any proof that anyone botted. They may think they have proof, but without providing it you think an arbitrator/court will take them at their word?

 

[51674]

1. - Bad idea and will not work.
2. -This will not work and is a horrible suggestion, you will end up getting in legal trouble yourself for attempting this.
3. - You can go ahead and do this, nothing bad will happen but blizzard will just laugh at you and nothing will be done.
4. - Never in the history of any game have you had to agree to terms of service or eula before purchasing said game, so that does not have any legal merit.(world have warcraft have been using the same method for close to 10years) Further more you can in fact return the game if you so choose not to accept the terms/eula, So that is not true at all you did very much have an option to return the game if you were not interested in signing the terms/eula.
5. - Do not do this...it will be a huge waste of time, tbgvtr(OP of the thread) is not doing any of the suggested steps he listed, he is hoping for other people to do it for him hoping that blizzard might get annoyed by the number of banned accounts filing complaints and trying to go around blizzard and contact places like Los Angeles Better Business Bureau, the problem is, is that blizzard wont care even in the slightest, People who bot will continue to buy new accounts so blizzard is still making money so it is a win win situation for them.
6. - There are more than one way of contacting blizzard in regards to your banned account, They specially give you alternate means of contacting them, I suggest you read carefully next time what they say. So your actually not severing anything in section 7 or the entire terms of service/eula and they are upholding everything that it states.
7. - They will warmly thank you right back when you end up getting your paypal shutdown(or funds automatically removed) or sued by blizzard for fraud.
8. - This is the only point out of the 8 you posted that actually is true, problem is If you got banned then they already have enough proof to show that your guilty so making up lies will not do much.

Blizzard spy detected, or just extremely pessimistic in life

 

[jiznadj]

Blizzard spy detected, or just extremely pessimistic in life

Blizzard spy, look at all of his posts. Anyway a class action lawsuit might put them in their place. This is blatant thievery.

 

[Bic420]

I wonder if you work for Blizzard or something. #2 does work. Did it myself and got my money back.

When you submit a chargback it gets investigated and the CC company doesn't take too kindly of a merchant selling a product that can't be used.

I'm not sure why you think Blizzard can write whatever they want in a TOS and it's as if it was blessed by god.

#4 shows you don't comprehend just how ludicrous the situation is. You have to buy the game, open it up (so that it's no longer returnable) before you can read the TOS to decide if you agree or disagree. In the past, these forced TOS agreements have been thrown out.

As far as #8, they have yet to furnish any proof that anyone botted. They may think they have proof, but without providing it you think an arbitrator/court will take them at their word?

That wont work, the product can be used, how were you playing it to begin with? Why would i thinkt hey can right what ever they want in there own terms of service and get away with it? umm well because they do?

#4- Actually if you decline the TOS you can return the game.


I'm not saying they have provided anyone with proof just that they don't have to really and they could just show the arbitrator/court their proof, i mean you honestly thinking they are just randomly banning people and hoping for bots? shitloads of been banned recently they know how to find out what your doing.

 

[tbgvtr]

That wont work, the product can be used, how were you playing it to begin with? Why would i thinkt hey can right what ever they want in there own terms of service and get away with it? umm well because they do?

#4- Actually if you decline the TOS you can return the game.


I'm not saying they have provided anyone with proof just that they don't have to really and they could just show the arbitrator/court their proof, i mean you honestly thinking they are just randomly banning people and hoping for bots? shitloads of been banned recently they know how to find out what your doing.

Not if you purchased retail, and I am not sure the terms of the annual pass, but I imagine at the release of it they hadn't even had TOS or TOU available.

Either way, I just received payment for items that I personally sold before I was banned; so I am now (relatively) confident that the chargebacks are not being directed towards the players and rather the "middle man". Thus, I am rejuvenated in my persistance to dispute onward (as well as for those I am advising)!

 

[taiya]

any way to get a refund if you bought through paypal and not your bank/cc?

if i try to open up a dispute i can either select "didnt recieve product" or "product not as described" and none of the options seem fitting for a digital download game..

 

[demonnbuddy]

any way to get a refund if you bought through paypal and not your bank/cc?

if i try to open up a dispute i can either select "didnt recieve product" or "product not as described" and none of the options seem fitting for a digital download game..

if you dont use your paypal for RMAH, i don't think that will be a problem.

 

[demonnbuddy]

ToU of BLZ is like the contract of "The Merchant of Venice", there is more than a piece of human flesh in it.

 

[tbgvtr]

if you dont use your paypal for RMAH, i don't think that will be a problem.

not as described is the better of the two options available. you purchased digital items via a buyout buttom that confirmed with you "do you want to buy ITEM-X for $xx.xx" ; there was a TOS active saying that you only purchased a license to use such loot which could be revoked at any time; but it hasn't held up in court or in PayPal. File not as described and for details say you assumed the license would not be to use your purchase wouldn't be revoked so soon and wish to receive a refund.