Locked: Class Action Lawsuit Against Bans

   Just like Any day i log into xbox to play zombies with a few friends in a private match (i dont play with randoms because of all the mods)
so i go to the dashboard and find out that "the guild" season 5 is out (now this is why i think i got banned, but i also think its just random)
so i download ZUNE on my PC THAT DAY and i download all the "The Guild" episodes.

   After watching a few episodes My friend tells me to go on xbox Because he wants me to record Zombies tonight for my youtube channel, to which i said "Sure Man". Logging on Xbox i see this Ban, For "Marketplace theft" and of course my first thought is "um i have to record in about an hour, plus i dont think I'm going to live that long"
and before this ban ive NEVER EVER been banned in my Life simply because i never did anything wrong towards Microsoft or Xbox.

   I called Xbox Support, took 33 minutes because their phone lines were busy to which i thought "no Sh**, its like 2009 all over Again"
(because in 2009 Microsoft Banned a HUGE amount of players for no reason Right before MW2 came out, just to get more money, this is a fact and they have been sued for it) so i finally talk to the barely English speaking Xbox support Guy and He tells me that i have to complain on the forums and again my first thought was "i called because i DIDN'T want to go on the forums, but fine".

   The forums are out of control, nobodies posts are actually being Posted and they cant even handle their own Forums, there was Even an announcement saying that there are enforcement team impersonators. Then i posted on the forums and used long essays
(as you might notice i like organized Essays) but they never went through, then i saw another Announcement from the Staff that "They are being VERY careful about the "Marketplace Theft" bans and every ban is legit." now i wont get into how much of a blatant lie that is but what i laughed my @@@ off at was the fact that they said, and i quote "We will not divulge additional information regarding individual suspensions for these offenses." so what there saying is that they aren't going to tell each and everyone one of us the "Evidence" that they said they found? which is our RIGHT to know.

   If you go to court for "killing someone" and the opposing lawyer says that they have Hard Evidence that you committed that crime, but then they dont show it, Guess what? you are NOT guilty because Evidence NEEDS to be Shown to the offender, so Microsoft, im sure you're reading these, You MUST tell us and SHOW us EXACTLY what we "stole" or you are NOT allowed to stop a service that we PAY for.
This Offense that the Enforcement team is Making is childish and Unprofessional and to you i say "grow up"
From what has happened i can truly say this The enforcement Team Has a lot comming to them and what that would be is a
CLASS ACTION LAWSUIT

-Maverick

you have no idea whats comming to you Microsoft, Stop being scared and deleting these

http://banbox.forumotion.com

 

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Last updated October 12, 2018 Views 429 Applies to:

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Here's the thing... the enforcement arm of Xbox Live doesn't ban people for fun and they don't tell anyone individually why a specific console was banned in the same way they'll tell you why an account was banned.

My guess here, and it's only a guess since I'm not part of Live Support or Enforcement, is that because console bans are a result of illegal activity rather than the simply immoral (or amoral, if you prefer) activity that gets your account banned, they keep mum to avoid being sued for defamation.

There's a difference between "We've banned your console" and "We've banned your console because you're a software pirate/identity thief/repeat offender."

www.xbox.com/.../consoleban

I agree, life would be a lot easier if they told people why their consoles were banned, but in the end you can complain all you want, but you KNOW why you got banned. You didn't think you'd get caught and you did. That's the end of it.

Look at the forum for account bans... user after user whining "WHYYYYYYY MEEEEEEE???" and the response from the mods in each case boils down to "You're an idiot... here's why."

Personally I'd love to see a class action lawsuit, I think it would be good for the community to see the evidence presented and for the folks who had their consoles banned to get a very, very public shaming. You sure you want your real name associated with what you did anonymously online? You want that popping up in a Google search every time you try to get a job? "Hmmm... Joe Hamster... it says here he sued over his gaming console being banned, but it turned out he was an identity thief... Well, that resume goes in the rejection pile..."

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  first of all what are you talking about?

dont feel all invincible because you didnt do anything wrong,

hackers and moders should be permanently banned, but until you get banned for no reason i dont blame you for thinking that EVERYONE who got banned did wrong.

  they did this in 2009 because MW2 was about to be released and now MW3. if i "STOLE" things from the marketplace why wouldn't they ban my consol and IP?

all they did was ban my Account, so if i made another one on the same Xbox everything would be fine.

They just want more money. its a fact, were talking about Microsoft here, but I'm done with Microsoft

and no, im not like all the other people who complain "please unbaaann me my gamer tag is Blah Blah Blah!"

because i dont care anymore, i just want them to actually ban people who did things wrong, not everyone else

sorry for the rushed clumped paragraphs, im very busy right now

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Couple of points here -

1. http://forums.xbox.com/xbox_forums/xbox_support/f/41/t/2262.aspx - Note the following sections:

    • Do not Spam.
    • Do not create multiple threads for your inquiry.
    • Do not Attack other users or members of the Enforcement or Moderation teams.
    • Do not post any data that is not from an Offical Xbox publication or from an Official Xbox Team Member.
    • Do not bump your original post. Posts attempting to do so will not be approved.
    • Threats made about legal action or posts that become legal discussions will be locked or removed as necessary.
    • Do not reply to other users' threads.  These posts will be deleted.

    Furthermore:

    • Please give the Enforcement Team members ample time to get to your questions.
    • It can take up to 24 hours or more before you receive an answer. Be aware that the Team is under no obligation to reply.
    • 24 hour suspensions will not receive a reply from the team.
    • The Team will not discuss Console bans. There is an FAQ for you to look over and that is all the information that is available to you. http://www.xbox.com/en-us/consoleban
    • Do not send PM's to Enforcement team members unless instructed to do so. They will not respond to your inquiries.
    • Lastly, before you question the validity of any particular ban, please know that your ban may be due to inappropriate behavior on LIVE and by users using the feedback system (it works very well), in which we investigate complaints and take appropriate action if necessary.  Or it may be as simple as what is in your profile such as Name, Location, Bio or Motto. 

  • Why isn't my post showing up?

All forum posts are moderated before they hit the actual forum. What this means is that when you post it goes into a queue and waits to be looked over and approved by a moderator. So be patient, it'll appear in time. Due to the volume of posts, it may take up to 24 hours for yours to be processed.

  • It’s been over 24hrs, why don’t I have a reply yet?

Some forum questions are handled outside of public view for your own privacy protection. The way this is done is that the post is deleted and the moderator's reply will be emailed to the account associated with the tag you're posting from.

PLEASE MAKE SURE YOUR EMAIL IS VALID.     

This is how to change your Windows Live ID: http://support.microsoft.com/kb/945419

Your post will also be deleted if it, or your gamertag, is in violation of forum rules.


2. http://forums.xbox.com/xbox_forums/xbox_support/f/41/t/73055.aspx

3. All threads that contain threats of legal action are locked regardless of where they're posted on here.

4. If you were to take your account ban to court, MS would turn up with their evidence and you'd be left with an expensive bill for two sets of lawyers and a very angry, shouty judge shouting angrily at you. There is a set precedent for this believe it or not. Some banned console owners from the ban wave prior to MW2 sued and lost.

5. Want an offical reason for your banning without the expensive bill? Check the WLID associated with the banned account or post in the account suspensions section following the rules and then wait for a response.

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Your  points WOULD be reasonable, if what you were describing was related to the governement. This is a private enterprise. Each and every individual agrees to the ToU and CoC before you even get a gamertag from this service. Both documents are legally binding. So unless you have some over-whelming evidence of what you claim is true, MS will use those two documents that you agreed to against you in the court of law. However, I wish you the best of luck in your endeavor as you will need it.

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well i HAVE read the ToU and CoC and i obey those... i really dont care anymore, they did this in 2009, now there doing it again.. im almost done here, im getting a PS3, they dont ban people because a new game is comming out

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Then please go play on your PS3, as per your right as a consumer, and leave us alone. Like I said before; if you do not possess the evidence that this scenario was the case in this matter, you will get no pitty here.

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You'll also find they're every bit as draconian over there as XBLPET are over here. Treyarch for example took the step of banning any and all PS3s that had been jailbroken from Black Ops matchmaking.

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  OK, I'm done here. i never Attached my Gamer-tag Because The thousands of people experiencing this are more important than one more person saying "omg please unban me!"

  Microsoft is greedy they wont Unban there loyal customers, if i infact stole from the Marketplace then why didnt they ban my consol? why my account? if i wanted to i could make another account in 5 minutes and steal again? thats not how it works, they want money but I'm done, im not making another account..

My Gamer-tag is Mav7x

Try to find anything you want... i guarantee you that you will not find much.

Maybe some Xbox enforcement staff will copy/paste some things But thats not enough.

  I was just trying to help all the little guys that this had happen to by letting them know that we could fight back, as the enforcement team has shown no evidence.

There are currently more people who are not banned then Those who are, and there will always be those people who are against all the hackers and modders just like me, and im on their side, but then you have those same people who think that they are invincible, that nothing wrong can ever happen to them JUST because they follow all the rules.

  In-fact Somebody on Youtube messaged me yesterday saying

"Microsoft doesn't ban for no reason you obviously did something"

Well earlier today he Messaged me saying He was sorry, and that he Got banned for the same thing.

But it doesn't matter to me anymore, i am sick and tired of the Horrible service Everyone knows to be...Microsoft

I would Gladly See them loose half of their Players and Loyal customers, I continue to call xbox support every day to ask about the repairs and also tell everyone i Know to take their credit card information off for safety, i Don't know what the enforcement team is doing, but its Gone too far.

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First of all a court case would never stand, they'd provide the evidence as well as this portion of the TOU that states:

TERMINATION/ACCESS RESTRICTION

Microsoft reserves the right, in its sole discretion, to terminate your access to any or all Xbox.com Web Site and the related services or any portion thereof at any time, without notice.

That's part of that TOU that no one ever reads and then wonders why things go bad.  

Next they'll show exactly what you or anyone who had access to the console/account did that violated the TOU, and contrary to what you may think....Your account is your responsibility, no matter who gets a hold of it.

Your case wont hold and you'll end up paying twice as much than you paid for that xbox and the account itself.

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FIRST of all, i said i was Done, so stop bringing up this Court case, frankly im too lazy to do this, besides I'll wait for somebody else to do it, because i really dont care, if it was just me who got banned well then i would, but since its thousands, there IS a problem going on, because to me "Marketplace theft" Means that somehow i stuck my hand through the TV screen and took Marketplace games without hitting the A button to buy them?

is there a Special Glove you can Buy that lets you do that? and to be honest, if someone told me they got banned for "marketplace theft" 3 days ago i would think they did something too, so i 100% dont blame you.

So AGAIN, Xbox enforcement team if you truly think that i "stole" from The Marketplace then Ban my CONSOL!

because if people are Really doing stuff like that, i dont want them to just make another account and do it again. because thats what you are telling me to do, since you think i stole (if thats even possible)

and as a reply to VernierSlake, i wouldn't Care because i DON'T play Online Deathmatch or anything else with Random people Because of all the hacking and modding going on, i just play zombies once a night with a few friends in private matches

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