Previous 1 25 26 27 28 29 Next 477 Replies Latest reply: Jan 21, 2014 1:58 PM by darcy11072 Go to original post Branched to a new discussion.
  • deggie Level 8 Level 8 (49,425 points)

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

     

    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.

     

    Negligence involves state laws and is extremely difficult to prove. You would never be able to prove it under your scenario. I listed in a post above the steps that Apple has taken to ensure that the purchases would not occur. This does not require them to default to those settings and in fact doing so would be technically difficult and could actually render the disabling of in-app purchases less secure. And given the current situation you would probably have a difficult time finding twelve nanny state people to find that it is negligent and even if you could it would be overturned on appeal.

     

    Apple as a party has put forth features, and a manual, that allows a responsible person to prevent children from making unauthorized purchases. Apple will refund the money if the person is irresponsible on a one-time basis. And the game makers, including Disney, have a note in the description regarding money purchases, suggest disabling in-app purchases, and list the in-app purchases.

  • deggie Level 8 Level 8 (49,425 points)

    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.

  • Evjorenoliv Level 1 Level 1 (0 points)

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

  • Csound1 Level 8 Level 8 (41,470 points)

    Evjorenoliv wrote:

     

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

    Make sure he doesn't bill you for that.

  • stevejobsfan0123 Level 8 Level 8 (37,715 points)

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

  • tonefox Level 6 Level 6 (8,830 points)

    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."

  • Csound1 Level 8 Level 8 (41,470 points)

    stevejobsfan0123 wrote:

     

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

     

     

  • iinami Level 4 Level 4 (1,405 points)

    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.

  • tumbleweed555 Level 1 Level 1 (0 points)

    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.

  • tonefox Level 6 Level 6 (8,830 points)

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

  • tumbleweed555 Level 1 Level 1 (0 points)

    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!

  • deggie Level 8 Level 8 (49,425 points)

    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.

  • tumbleweed555 Level 1 Level 1 (0 points)

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

  • deggie Level 8 Level 8 (49,425 points)

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

  • tumbleweed555 Level 1 Level 1 (0 points)

    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.

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