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Square Enix Sued For "Unfair Business Practices" Regarding Final Fantasy XI Subscription Fees

JGaskill
36 Comments

Posted June 25, 2009 - By Jake Gaskill


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Square EnixMany a Final Fantasy fan perhaps believes that publisher Square Enix can do no wrong, but it seems that a whole mess of people think Square is just a big, lawbreaking jerk that needs to be punished.

According to Courthouse News Service, a federal class-action lawsuit has been brought against the mega publisher on behalf of 100,000 subscribers. The suit alleges that the company did not fully disclose information regarding subscription fees and late fee penalties, among other things such as interest and restrictions with regards to the company's MMORPG Final Fantasy XI. The official charges are unfair business practices, false advertising and unjust enrichment (i.e. wrongfully receiving money for services that must then be reimbursed).

Plaintiff Esther Leong and the class she represents are seeking over $5 million in damages. After doing a quick look at some of Square’s FFXI web pages over the past six years (thank you WayBackMachine!), there has been a “Service and Support” section on the FFXI homepage since 2004. Today, that section houses all of Square’s PlayOnline and FFXI member agreements and policies.

Now, based on just a few minutes of researching, it seems that the two policies, taken directly from the FFXI site, that appear to pose the biggest obstacles for the prosecution are as follows:

"The current terms of this Agreement, together with the terms of the Software License Agreements, User Agreements, Privacy Policy, and Rules, can be found within the PlayOnline Service or on the Website, and you agree to review these terms from time to time, and in any event promptly upon notice of any changes, whether such notice is delivered to you directly or simply posted."

And:

"You acknowledge and agree that SEI may change the amount of the Subscription Fee at any time; provided, however, that such change will be announced by SEI prior to its effective date. If you do not terminate your access to and use of the Fee-Based Services by the first calendar day of the month in which any pricing change takes place, you will be deemed to have agreed to the new pricing, and the Subscription Fee will continue to be automatically charged and due and payable as set forth herein."
 
That seems pretty clear-cut to me, but then again, that’s probably why I’m only an amateur lawyer. Now, there are other charges regarding interest fees and such, but all of those policies are also addressed on the FFXI site. Given the amount of money at stake in this case, I’m sure this isn’t the last we’ll be hearing about it.
 
Anyone Final Fantasy XI players out there who are part of this lawsuit? Do you have any ideas as to what “unfair business practices” might be referring?

Source (via 1UP)
Square Enix Sued For "Unfair Business Practices" Regarding Final Fantasy XI Subscription Fees
http://www.g4tv.com/thefeed/blog/post/696866/square-enix-sued-for-unfair-business-practices-regarding-final-fantasy-xi-subscription-fees/
http://images.g4tv.com/ImageDb3/143016_S/Square-Enix.jpg
BlogThread_696866

Comments are Closed

  • Duffy72

    To add to FFXIPlayer's comments, it's true. There have been alot of sketchy action by POL when it comes to billing. In May of this year, several THOUSAND players were "accidently" banned with what's known as a LM-17 ban. It was temporary issue, so we all thought, until June 09. What happened then was I was charged for the month of June on the 1st ish, then 3 weeks into playing I go to log on and I'm LM-17 banned AGAIN! I called and asked why and was told that my account needed to be investigated. WTH!? FOR WHAT? They couldn't/wouldn't tell me. 3 days later my account is reactivated. No answer why I was investigated or anything. Myslef and others on the FFXIAH.com forum had discussed a possible lawsuit, not for the money but for the plublicity of geting to SEI/POL and letting them know they were doing thousands of there loyal and legit players wrong. You just can't remove someone from the game with no reason behind what your investigating. It's part of my right as a human being to know and as a paying consumer. In 2 years of playing I have had NSF for the game and just been locked out till I can play; my fault. Buit that month in May and June, I payed on time with no issues so I deserve an explination to know why. SEI won't tell me cause they don't do the billing that's POL. POL won't tell you anything other then "Sorry, our bad." Or just nothing at all.

    Posted: July 15, 2009 9:51 AM
    Duffy72
  • timiller

    you lost $12 i lost $27.90 on the first and second day i signed up to the game check out these pics

    http://i24.photobucket.com/a lbums/c20/moonlightkamika/free month.jpg

    http://i24.photobucket.com/a lbums/c20/moonlightkamika/star tedthisday.jpg

    something is wrong with that where is my 30 days free?

    Posted: June 27, 2009 9:40 PM
    timiller
  • Ailya

    How do I get involved in this lawsuit! I have noticed unlike most MMO's Final Fantasy XI sorta charges you without notice. If you are someone new to the game like I was after the free trial expires they automatically bill you. Even if your not playing they bill you. There never seems to be any real BOLD notice of this. I did lose about 12$ though due to this.

    Posted: June 26, 2009 8:45 PM
    Ailya
  • OMFG-Kyle

    As a former employee of the PlayOnline Information Center, I think I can safely say Square's got this one in the bag. Players of FFXI have to accept the Terms of Service like three times every time they LOG IN. Not just when they register account, but on every log in, they have to sign away their souls by clicking that little "Yes" button. And "I didn't read it," isn't exactly a strong legal footing.

    Posted: June 26, 2009 5:35 PM
  • jochan_99

    I tryed out ffxi, didnt like ... so i opted out ... and yet kept getting charged monthly fees .... i finally started declining the charges .... and listed them as fraud on my card .... sony blows ... and they need a good smack upside the head...

    Posted: June 26, 2009 3:12 PM
    jochan_99
  • CasmirPulaski

    I have been an avid ffxi player for 7 yrs now (since it came out) and have never had any issues with their billing other than the occasional error processing my expired card lol.
    @ taekwondonut ..its an mmo as long as their are stupid people dumb enough to BUY FAKE currency their will always be farmers wow worse than ffxi same with hackers. I will agree their customer service is a bit lacking however Bliz isnt much better.

    Posted: June 26, 2009 1:53 PM
    CasmirPulaski
  • warrioryoko

    @shagdaddey - Can we *please* not have banal, ignorant reasoning like "stop whining and get a job," please? =/

    @Able - have to agree with wagz2000, and scowl at your reasoning. By your thinking, you'd side with Behavioral Economists that think "we just need less people on the planet to maintain a high quality of life," that "people who fell pray to the real estate crunch deserved it because they weren't experts in finance and real-estate," and that the impoverished of the world "deserve it, and they should just stop having so many children." That's along the lines of the logic you're using here.

    Posted: June 26, 2009 12:44 PM
    warrioryoko
  • i_3at_ur_kat

    Aren't they a bit too late to sue? i mean, why didn't they just do it at first

    Posted: June 26, 2009 9:55 AM
    i_3at_ur_kat
  • DarknellStealth

    @tarbis
    BULLCRAP $ONY FANRAT!!!!

    Posted: June 26, 2009 5:51 AM
    DarknellStealth
  • XXXSpartan118XXX

    LOL i would sue them for the game rights.

    Posted: June 26, 2009 4:21 AM
    XXXSpartan118XXX
  • wagz2000

    @ Able ~ EULA's need to be done away with or completed overhauled. They are not completely clear and are far from concise. Who has the time, or the stomach for that matter, to read 10 pages (even worse if its an MMO) of dry legalize to you HAVE TO agree to in order to use the product. It hard to think of any other product that requires a EULA before you use it, well something on the same level as a game. So be honest, Able, how many times have mindless clicked "OK" to an EULA without reading the fine print or even skimmed it, i.e. didn't read it carefully? can i be first in your line?

    and as for your credit problem comment, i won't fully address because it way off topic and doesn't relate to the argument in anyway. But i will instead facepalm to your ignorance.

    /facepalm

    Posted: June 26, 2009 2:05 AM
    wagz2000
  • Trikkey

    err because

    Posted: June 25, 2009 9:36 PM
    Trikkey
  • Trikkey

    i played FFXI off and on fot years just cecause some of you are hung up on warcraft(like i was on FFXI) doesnt mean its a bad game.Recall the rush/stupidity for tickle me elmo?im not sating WOW is a bad game im saying FFXI is good and very addictive or was its drying up now.im in for FFXIV though.

    Posted: June 25, 2009 9:36 PM
    Trikkey
  • KEYSON

    you got to read the fine print or it will byte you in the end every time.

    Posted: June 25, 2009 7:43 PM
    KEYSON
  • Able

    Lets just say that the ppl that deside to just press the accept button to get a download or to play a online game that dont read the fine print really needs to get what they deserve, a swift kick to the head.

    See to many ppl dont take the responsability to read the fine print when they sign up for things, this is maybe why so many ppl have credit cards problems because they dont read the part where a company can and will jack the percentage points to raise the finace charges.

    If ppl would just take the time to read the contract they are signing it would mean they wont be getting little surprizes.

    Posted: June 25, 2009 7:00 PM
    Able
  • DEAThHEART

    Leave Square-Enix alone....

    Posted: June 25, 2009 5:48 PM
  • jbee02

    well either way having hidden fees legal or not isn't to good for business odds are the producers will settle to avoid any more harmful publicity. Odds are they probably change the fee policies as a result of this.

    Posted: June 25, 2009 4:54 PM
    jbee02
  • Janaak

    Someone's got 4 extra characters... @shagdaddey Yet I only have 3.

    Posted: June 25, 2009 4:25 PM
    Janaak
  • taekwondonut

    FFXI has always had problems, weather it be gilsellers, hackers, and botters of some sort. They are relentless when it comes to customer service, and the SE staff is very little help.

    Posted: June 25, 2009 4:19 PM
    taekwondonut
  • shagdaddey

    nothing more than a group of crybabies who cant afford $17 a month. ive been playing ffxi since the NA ps2 release. People who cant afford to pay the $17 and want to sue over it should go out and get a job, not higher a lawyer for yet another frivilous case to waste the court's (taxpayer) time and money.

    Posted: June 25, 2009 4:13 PM
    shagdaddey

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