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Are Gaming Industry Refund Policies REALLY Illegal? Not so fast... (VL582)

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1m Nov 26, 2021
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On November 24, 2021, YouTube Upper Echelon Gamers posited a question - "Are Refund Policies ILLEGAL in the Gaming Industry?". As his video came to the conclusion that they might be due to the uniform commercial code (UCC) and the implied warranty of merchantability contained therein, folks asked me to comment.

This is that comment, and as with most things in the law...things are a bit more complicated than they may at first appear.

When does "uniform" not mean "uniform"? When it's in Virtual Legality.

#Gaming #Refunds #UCC


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Discussed in this episode:

"Are Refund Policies ILLEGAL in the Gaming Industry?"
YouTube Video - November 24, 2021 - Upper Echelon Gamers
https://youtu.be/PaDFAhm24WI

Refund Request Pages
https://www.ubisoft.com/en-us/help/purchases-and-rewards/article/requesting-a-refund-for-digital-purchases/000062176
https://www.playstation.com/en-us/support/store/ps-store-refund-request/

"BUSINESSPERSON'S GUIDE TO FEDERAL WARRANTY LAW"
Federal Trade Commission (FTC) Website
https://www.ftc.gov/tips-advice/business-center/guidance/businesspersons-guide-federal-warranty-law

"Uniform Commercial Code"
Uniform Law Commission Website
https://www.uniformlaws.org/acts/ucc

"Exclusion or Modification of Warranties."
UCC 2-316
https://www.law.cornell.edu/ucc/2/2-316

Michigan UCC
MCL 440.2316
http://www.legislature.mi.gov/(S(cc0bxibhfhyo3iq5b05d40er))/mileg.aspx?page=getObject&objectName=mcl-440-2316

End User License Agreements
https://legal.ubi.com/eula/en-US
https://www.playstation.com/en-us/legal/softwarelicense/

"Be Wary of Warranties for Software Design"
Jones Day Website - August 2018
https://www.jonesday.com/en/insights/2018/08/be-wary-of-warranties-for-software-design

"Warranties and Online Sales"
ABA Website
https://www.americanbar.org/groups/business_law/safeselling/warranties/

"Consumer guarantees"
Australian Competition and Consumer Commission Website
https://www.accc.gov.au/consumers/consumer-rights-guarantees/consumer-guarantees


"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

CHECK OUT THE REST OF VIRTUAL LEGALITY HERE:
https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.


Twitter: @hoeglaw
Web: hoeglaw.com


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