Valve has
updated their Steam Subscriber Agreement with the removal of the right to file for a class action suit against them in the event of a dispute. In place of this (and to soften the blow) customers can still bring individual claims to Valve, and in the event of arbitration, regardless of the outcome, Valve will foot the bill.
"In the arbitration process, Valve will reimburse your costs of the arbitration for claims under a certain amount," they wrote in the update. "Reimbursement by Valve is provided regardless of the arbitrator’s decision, provided that the arbitrator does not determine the claim to be frivolous or the costs unreasonable."
Most significant to the new dispute resolution terms is that customers may now only bring individual claims, not class action claims. We considered this change very carefully. It’s clear to us that in some situations, class actions have real benefits to customers. In far too many cases however, class actions don’t provide any real benefit to users and instead impose unnecessary expense and delay, and are often designed to benefit the class action lawyers who craft and litigate these claims. Class actions like these do not benefit us or our communities. We think this new dispute resolution process is faster and better for you and Valve while avoiding unnecessary costs, and that it will therefore benefit the community as a whole.
Valve joins the ranks of companies like Sony and Electronic Arts who also attempt to limit the right of users to file a class action suit through the end user license agreement, representing what appears to be a growing trend among the more shrewd games businesses out there as consumers become more and more savvy.
Drop us a line with your thoughts on Valve's joining of this business practice in the Comments below.
Posted 11:02am 01/8/12
lol. of course they don't benefit valve. it might cost them a s***load of money and create a PR nightmare.
don't worry about doing the right thing by your customers - forcing people to waive their legal rights instead tho... hmm that might work.
Posted 11:06am 01/8/12
Posted 11:11am 01/8/12
Posted 11:13am 01/8/12
Posted 11:21am 01/8/12
Posted 11:33am 01/8/12
Posted 03:15pm 01/8/12
Posted 03:32pm 01/8/12
Posted 03:38pm 01/8/12
http://en.wikipedia.org/wiki/End-user_license_agreement#Enforceability_of_EULAs_in_the_United_States
Seems like it's a case by case basis. However what Valve has done in regards to reimbursing the arbitration fees is honourable but still screws the end user because not only is the decision to reimburse in their hands, you have to pay up front the costs. What if you can't afford it?
Posted 05:55pm 01/8/12
Legal action gets taken if there's wrong doing or a perceived wrong. You can't write a clause excusing yourself from liability in such situations. That covers individual or class action lawsuits.
Otherwise every contract would have clauses like, "in the invent of any wrong doing, misrepresentation, negligence or fraud, you waive the right to take legal action."
The clause is more there to describe the frame work they want to handle such matters. It wouldn't stand up in court. People put all sorts of crap in contracts and EULA which wouldn't hold up in court.
Posted 06:15pm 01/8/12
I smell massive lawsuits and I hope valve get reamed.
Posted 08:24pm 01/8/12
Posted 08:32pm 01/8/12
Posted 12:08am 02/8/12
I think it was during my research on statutory warranty while trying to get a TV that was out of it's 1 year warranty fixed.
(Yes, I beat them down with the law and got it repaired free of charge)