In a statement by Microsoft, ”Users must agree to the new clause to the Terms of Use in order to continue using Xbox LIVE. Changes to the Terms of Use are designed to ensure that our customers have an easy way to file a dispute without requiring formal legal action. They may now bring a dispute to our attention by filling out a simple Notice of Dispute form found at www.xbox.com/notice and mailing in documentation in support of their claim. We will then work to resolve the dispute to their satisfaction within 60 days. Any customer unsatisfied with the outcome of this informal process may easily initiate arbitration with the American Arbitration Association.
Customers may also choose to bring their claims in their local small claims court if they meet the normal jurisdictional requirements. For detailed information, please visit: http://www.xbox.com/en-US/Legal/LiveTOU.”
However, this trend of companies like Electronic Arts and Sony adding a “can’t class action sue” us waiver has caused some state governments to lash back. Illinois has already ruled that consumers must always be given the right to pursue legal action in a court of law, while Ohio and New Mexico looking into it as well. Of course, this isn’t the same as a class action suit, so stay tuned.
Gamers outside the US don’t have to worry about the waiver. Of course, most countries don’t allow class action suits in the first place.
