Understanding Your Consumer Rights: Countering Common Defenses Used by Gameforge (and other companies)

[Jillian]

Hey everyone,

I’ve noticed that when issues arise between players and Gameforge, there are certain defenses the company relies on. However, many of these defenses have counterparts in consumer protection laws that safeguard our rights as players. I wanted to break down some of these common arguments and show how we, as consumers, are protected.

 

Let me be very clear – I am not a lawyer – I’ve done my research – the following might give you an idea of a  legal basis – but always do your own research, and possibly contact an agency like the ECC.

law is, highly subjective – and sometimes it might seem like “how do they get away with all this!?”  Be mindfull that, they know law better then you do. They hold the high ground – they already prepared for your questions. What I’ve personally noticed so far – is that they like to use broad terms, and I think they use broad terms, instead of the exact terms you used – is to make the request seem bigger then it is.

 

 

1. Gameforge Defense: Waiving Right of Revocation for Digital Goods

One of the most common defenses Gameforge uses is the argument that digital products, like in-game purchases, are non-refundable because consumers waive their right to revocation when they buy digital goods.

Consumer Protection Counterpart:

This is true under EU law (Directive 2011/83/EU), but the waiver can only be legally enforced if the consumer has been clearly informed and given explicit consent before making the purchase. If Gameforge did not properly inform you, or if there was a lack of transparency in their communication, you might still have the right to claim compensation or a refund.

Additionally, if the digital product is faulty, inaccessible, or not as described (for example, due to an unjustified account ban), you can challenge this waiver under consumer law.

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2. Gameforge Defense: Terms of Service Allow Us to Ban Accounts at Our Discretion

Gameforge often cites their Terms of Service, which may include broad language giving them the right to ban accounts at their discretion. They rely on this to avoid providing clear reasons or evidence for account suspensions.

Consumer Protection Counterpart:

While companies can have discretion, consumer protection laws under EU law (Directive 93/13/EEC) prevent companies from using unfair terms. If the terms are too vague or grant the company too much power, such that it creates an imbalance between the rights of the company and the consumer, these terms can be challenged. For example, banning accounts without clear and justifiable reasons is a violation of fair contract practices, and you have the right to request transparency.

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3. Gameforge Defense: Security and Trade Secrets for Withholding Evidence

Gameforge sometimes withholds data or evidence related to account bans, citing security risks or trade secrets as their reason for not disclosing information.

Consumer Protection Counterpart:

Under GDPR (General Data Protection Regulation), players are entitled to access any personal data used to make decisions about their accounts, including the data that led to a ban. If Gameforge is using personal data to justify an account suspension, they are legally required to provide you with access to this information. Simply labeling it a “trade secret” or “security risk” isn’t enough under GDPR to deny you this right. You can request this data through a Data Subject Access Request (DSAR).

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4. We Cannot Reverse Bans Due to Automated Systems

In some cases, a company may state that bans were enforced due to their automated systems for detecting rule violations, and that they cannot manually review or reverse these decisions.

Consumer Protection Counterpart:

GDPR Article 22 specifically addresses automated decision-making. If a decision affecting your rights (such as a ban) was made solely through automated systems, you have the right to request a human review of the decision. This means a company cannot simply rely on an automated system without offering you the opportunity for further investigation by a real person.

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5. Gameforge Defense: Limiting Communication to Private Channels

We’ve also seen Gameforge shut down discussions about transparency, privacy, and bans on public forums, claiming these topics should only be addressed in private channels like the ticket system.

Consumer Protection Counterpart:

While companies are allowed to direct certain conversations to support channels, silencing public discussions about issues like privacy or transparency raises concerns about freedom of information and openness. Public forums should allow for open discourse about broader community concerns. Pushing everything into private channels often prevents accountability and makes it harder for the community to see how widespread these issues are. Players have the right to discuss their concerns in public forums, and companies should not avoid addressing legitimate issues in those spaces. This is, however not based on law – but moral guidelines.

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Conclusion: Know Your Rights

At the end of the day, consumer protection laws exist to ensure that companies like Gameforge cannot unfairly exploit their terms or silence players without valid reasons. If you’ve experienced issues with transparency, account bans, or withheld information, remember that you have rights. Whether through GDPR, EU consumer protection laws, or contract law, there are multiple ways to challenge unfair practices and demand fair treatment.

 

Here are the web sources that support the claims made in the post:

1. Right of Revocation for Digital Goods:

• EU Consumer Rights Directive 2011/83/EU, Article 16: Exceptions to the right of withdrawal for digital content.
  • Source: EUR-Lex – EU Law
• Information on consumer rights for digital goods: European Consumer Centre

2. Unfair Terms in Contracts:

• Directive 93/13/EEC on Unfair Terms in Consumer Contracts: Ensures that contractual terms that create an imbalance between the consumer and the business can be challenged.
  • Source: EUR-Lex – EU Law

3. GDPR and Data Rights:

• General Data Protection Regulation (GDPR) Article 15: Right of access to personal data used in decision-making.
  • Source: EUR-Lex – GDPR Article 15
• GDPR Article 22: Rights regarding automated decision-making.
  • Source: EUR-Lex – GDPR Article 22
• Overview of GDPR rights: European Commission – Data Protection

4. Unfair Commercial Practices Directive (Directive 2005/29/EC):

• Protects consumers from unfair practices in business transactions, including misleading actions or omissions.
  • Source: EUR-Lex – Directive 2005/29/EC

5. Automated Decision-Making and Human Review under GDPR:

• GDPR Article 22: Right to not be subject to automated decisions without human intervention.
  • Source: European Commission – Data Protection

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