Inadvertent $1500 in app purchase Tap Zoo - warning!

Consult with a better lawyer, the purchase can only be unauthorized if the party can reasonably know that the other party is a minor. Otherwise parents could have their kids order thousands of dollars worth of items on the internet and then claim it was invalid and they didn't have to pay for anything and the merchant would have to absorb the loss. If what your lawyer set was true no merchant would do business on the internet.

Thanks for the advice. I'll forward it to the lawyer.

Evjorenoliv wrote:

Thanks for the advice. I'll forward it to the lawyer.

Make sure he doesn't bill you for that. 😐

No, he will offer to pay for the advice but then say it was actually his child who said that.

deggie wrote:

Hay Day has the disclaimer I was referring to, click on More Info in the description and you will find it.

For those apparently incapable of finding it, it reads: "PLEASE NOTE! Hay Day is completely free to play, however some game items can also be purchased for real money. If you don't wan't [sic] to use this feature, please disable in-app purchases in your device's settings."

stevejobsfan0123 wrote:

No, he will offer to pay for the advice but then say it was actually his child who said that.

😁😁😁😁😁

i have a daughter, she was younger when this discussion started of course, but either way...she has never bought, tried to buy, accidentally bought, on purpose bought, defied my rule to never buy....blah blah blah any game, in app purchase, etc. as a matter of fact, she has her own iphone, her own ipod and her own itunes and app store account and this has never been a problem. my wife and i laid down the rules of her having an iphone, ipod, app store and itunes store account. she follows them because she is trustworthy. she is a very cool kid, does her own thing, but knows there are rules. we have not had this problem and she is happy with her idevices. she never buys anything without asking, she is fine with me controlling her itunes/app store account. i can only think that anyone that is complaining here has a kid that doesn't listen, or feels bad that they didn't explain the rules to their children before it was too late.

It is true and is exactly why Apple provides a refund the first time. After Apple provides the refund and then walks the customer through the restriction process, they can then prove the customer was aware of how the default settings work. I would guess they have already run the numbers on whether to adjust the settings and have concluded it would be more profitable to just refund the money the first time. This way no one can file a lawsuit because there was no loss associated with Apple's negligent default settings, because they refunded it.

If anyone takes your credit card information and makes purchases with it, your bank is legally obligated to refund your money on demand. This is why all financial institutions are set it up so they can reverse the charges if they choose to (They can choose whether or not to take it from the merchant, but they must refund the customers money). I have personaly had this happen and although the bank was not thrilled, they reimbursed hundreds of dollars into my checking account. It doesn't matter if a stranger or a family member uses your credit card information, it's the same. If it was not you making the transaction and you claim it was also unauthorized there forced to by law, unless they can prove it was you.

I have been both merchant and customer in cases like this. Both parties have an equal responsibility. I know you believe Apple can do no wrong, but in this case they are negligent and they know it, or they would be refunding a penny.

This thread continues to be of interest only for its amusement value. Logic is out of the window. Please keep it going. :-)

I was able to download, install, and play the game without ever being warned. These developers are so crafty with pop ups for in app purchases specifically timed for the first 15 minutes, maybe they could program a warning to pop up prior to downloading. Or, they could just allow the customer to go to a drop down window and upgrade. If it's good for the goose?

I was pretty sure a disclaimer was in there somewhere, but I wanted to see if it was readily available and apparent prior to downloading and playing the game. Which it was not!

If your relative makes an unauthorized use of your credit card, and you are timely in your notification, you are correct. The authorities will also prosecute your relative for the crime they committed.

I believe Apple and the app developers along with Amazon, cable companies, satellite companies, telephone companies, etc. are operating in good faith. I also believe in personal responsibility. You don't so you need to start a political campaign to outlaw everything you think is illegal, immoral and absurdly priced. I wish you no luck whatsoever.

Why was this post edited and removed by the host? Interesting.

The note is within the description of the apps. It is called a disclaimer. I cannot help you with your lack of reading skills.

Let's just continue to allow app developers to target children so they can rob their parents. You must be on the developers pay roll! To say these app developers who target childrens apps are acting in good faith is rediculous.

"You are correct that both parties have a responsibility, but they are not equal. If a minor takes the credit card from your wallet and uses your computer account to purchase goods 'how is it reasonable that the merchant would know this?' The law voids the contract if a reasonable person would have known that the purchaser was a minor or otherwise incapable of entering into a contract."

i am not a lawyer but have some experience as a small business oner.

the problem with that phrase will mean the merchant will have to be able to show they have personally taken 'reasonable precautions'. While the disclaimer might have been read by the owner many one time buy apps won't have them - and memory fades which is not negligence on the gadget owners part.

if you agree with this, then i think you can accept it is unlikely likely a child let alone another adult would read looking through every app for these disclaimers.

The app is hyped as 'free' which to try buy it is. The app vendors know full this is happening and done nothing to stop it. Apple have gone some way but need ti go another mile. until that happens and i suspect rogue vendors will turn a blind eye until someone challenges it in a court.

Very expensive to do with no guarantee to get costs, so the losses could be to high for small amounts.

Add in that laws are riddled with this term, it is a personal judgement bound within a legally enforceable ramification. a classic example is the 'Heath and safety at work act' it says take "to take reasonable precaution", but reasonable is not quantifiable resulting in wearing full protective gear in the middle if a field, not being allowed to use steps on a building site, even though you have a firm proving training in their use, and insurrance.