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Neopets is getting sued


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#26 Guest_iCarly_*

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Posted 07 November 2015 - 06:51 PM

This is long over due tbh



#27 keyboard

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Posted 08 November 2015 - 06:38 PM

Yep this will be the end of the site we know and love :/

 

oh well, perhaps it is for the best..



#28 Karla

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Posted 08 November 2015 - 06:50 PM

Yep this will be the end of the site we know and love :/

 

oh well, perhaps it is for the best..

 

FTFY. :p

 

But seriously, they've had this coming. This is what greed gets you.



#29 Keil

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Posted 08 November 2015 - 09:17 PM

They made their own bed...? If that makes sense in English :lol:

 

I think the phrase you're looking for is they "dug their own grave". Idioms suck when crossing dialects and languages.

 

----

 

Neopets should be once and for all be put down. I stopped enjoying it after the Maraquan plot. After that I kept making new accounts ever few years because I was trying to find the same nostalgic joy I experienced in my first years playing the game, but never could. 



#30 Elindoril

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Posted 08 November 2015 - 09:43 PM

I think the phrase you're looking for is they "dug their own grave". Idioms suck when crossing dialects and languages.
 
----
 
Neopets should be once and for all be put down. I stopped enjoying it after the Maraquan plot. After that I kept making new accounts ever few years because I was trying to find the same nostalgic joy I experienced in my first years playing the game, but never could.


My favorite moment of Curse of Maraqua is accidentally glitching the prize shop and making everything cost 0 points. My preteen self was freaking out and hoping TNT wouldn't freeze me for getting the top weapon prize for free.

Too bad that was the last good war. Well other than the itchy yeti opponent constantly giving my pet diseases. Fuck that.

#31 Bones

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Posted 09 November 2015 - 12:25 AM

Personaly I dont think it will be the end for neopets that's what insurance is for but it will hurt them yes.



#32 Guest_iCarly_*

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Posted 09 November 2015 - 08:03 AM

Personaly I dont think it will be the end for neopets that's what insurance is for but it will hurt them yes.

 

^
Exactly this



#33 kretzschmar

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Posted 09 November 2015 - 08:43 AM

well there goes the advent calendar this year



#34 Katya

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Posted 09 November 2015 - 09:19 AM

well there goes the advent calendar this year

 

Christmas, ew.



#35 Swar

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Posted 09 November 2015 - 09:22 AM

Christmas, fuck yeah!

FTFY. grinch



#36 Waser Lave

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Posted 09 November 2015 - 09:36 AM

I think it only covers customers in California anyway so if that's correct the repercussions shouldn't be too bad.

 

http://www.leginfo.c...ile=17600-17606

 

17602. (a) It shall be unlawful for any business making an automatic renewal or continuous service offer to a consumer in this state to do any of the following:

 

17603. In any case in which a business sends any goods, wares, merchandise, or products to a consumer, under a continuous service agreement or automatic renewal of a purchase, without first obtaining the consumer's affirmative consent as described in Section 17602, the goods, wares, merchandise, or products shall for all purposes be deemed an unconditional gift to the consumer, who may use or dispose of the same in any manner he or she sees fit without any obligation whatsoever on the consumer's part to the business, including, but not limited to, bearing the cost of, or responsibility for, shipping any goods, wares, merchandise, or products to the business.

 

Essentially if they lose it looks like they'd just have to refund any California residents affected. I can't imagine there's a massive amount of people in California who have recurring payments with Neopets. And given that it doesn't mention services it's debatable if a premium subscription would even count as "goods, wares, merchandise, or products" I suspect. That's what I'd be arguing anyway. :p

 

And another important part:

 

17604. (a) Notwithstanding Section 17534, a violation of this article shall not be a crime.

 

So it's only a civil matter.



#37 Guppie

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Posted 10 November 2015 - 09:34 AM

If anyone's interested in waiting and watching for the outcome: http://www.classacti...-action-lawsuit

 

I knew I'd heard of a lot of people threatening to do this, but I didn't know someone had actually done it.



#38 redlion

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Posted 10 November 2015 - 08:25 PM

And another important part:
 
So it's only a civil matter.

Torts vary from country to country. I don't know what you're implying when saying it's merely a civil matter, but in the US a tort case can bankrupt you. Torts don't have maximum fines. Likely, the standing from being defrauded entitles them to punitive damages.

JS will be paying the court costs for that law firm, as well as their own lawyers, as well as the refunds, as well as punitive damages.

#39 Cannabis

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Posted 10 November 2015 - 08:58 PM

But the real question is are they suing them for money or neopoints?



#40 Futurama

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Posted 10 November 2015 - 09:21 PM

http://legalnewsline...ia-business-law

 

"The plaintiff is represented by Scott J. Ferrell, Richard H. Hikida, David W. Reid and Victoria C. Knowles of the office of Newport Trial Group in Newport Beach, California. "

 

edit: http://www.trialnewp.../scott-ferrell/

This is one of the lawyers on the case.  He looks like he takes no shit.

 

Results: Scott is one of California's most successful trial lawyers.  In recent years, he has tried 25 commercial cases to verdict as lead counsel - winning 23.

 

 

747_design_yellow.jpg



#41 kadoatie

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Posted 10 November 2015 - 09:46 PM

If anyone's interested in waiting and watching for the outcome: http://www.classacti...-action-lawsuit

 

I knew I'd heard of a lot of people threatening to do this, but I didn't know someone had actually done it.

 

I'm honestly surprised it took this long for Neopets to get sued.  



#42 Rickster

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Posted 10 November 2015 - 09:58 PM

lol why would he even take the case? I cant imagine this being a worth prospect as going after a sinking company will likely yield little to no reward. I think very few people will be awarded settlements and scott will not get paid much as Im sure if its anything at all costly jumpstart will just file bankruptcy.



#43 redlion

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Posted 10 November 2015 - 10:13 PM

I'm honestly surprised it took this long for Neopets to get sued.

It's probably not the first. But this is class action, which means anyone that is in a similar situation (lives in Cali, was bilked by neo) can join the lawsuit and win a settlement.

I think there were some lawsuits in the early years related to the neoboards. I guess we could look it up if we weren't lazy.

lol why would he even take the case? I cant imagine this being a worth prospect as going after a sinking company will likely yield little to no reward. I think very few people will be awarded settlements and scott will not get paid much as Im sure if its anything at all costly jumpstart will just file bankruptcy.

What you can imagine as worthy and a law firm's conception of profit winning are two very different things.

They probably already think they've got jumpstart dead to rights.

BTW for those of you suggesting this will bankrupt Jumpstart, their parent company, Knowledge Adventure, is owned by a group of activist investors. I'm not sure why, as their other products include Math Blaster (my personal nostalgic favorite) and - no joke - an honest to god educational MMORPG.

#44 IamDaniel

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Posted 11 November 2015 - 04:45 AM

Don't spend real life money on game. Just don't 



#45 Guppie

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Posted 11 November 2015 - 08:02 AM

lol why would he even take the case? I cant imagine this being a worth prospect as going after a sinking company will likely yield little to no reward. I think very few people will be awarded settlements and scott will not get paid much as Im sure if its anything at all costly jumpstart will just file bankruptcy.

I think one of the articles said something about this case making an example for websites breaking the laws on billing cards without permission and automatically billing without warning.

 

Maybe setting an example of a law being upheld has worth of its own to a lawyer.



#46 Legitboi

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Posted 09 December 2015 - 10:08 PM

This is how neopets make $ without telling customer for their permission. Hahaha! :D



#47 Guppie

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Posted 10 December 2015 - 09:41 AM

This is how Neopets loses money: charging without asking customers for their permission. Hahaha! :D

 

@Legitboi ftfy



#48 camellia

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Posted 10 December 2015 - 12:35 PM

Only a matter of time someone would get upset about it.



#49 Waser Lave

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Posted 11 December 2015 - 11:30 AM

https://www.pacermon...pets,_Inc_et_al

 

An update on the case, looks like Neopets has ignored the summons and the plaintiff has requested for a default judgement against them. The legal papers suggest that it could be $5mil+.

 

https://www.truthina...s-complaint.pdf



#50 Katya

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Posted 11 December 2015 - 12:08 PM

That sounds like Neopets. Ignoring the problem completely. They've been doing it for years, anyway, and they seem to think it works...




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