As some of you guys know, Gamestop cracked down on accounts last month and wiped out any points on the accounts. I then filed a BBB complaint, and this was their response:
I then wrote back that there is nothing in the terms and conditions about points/promotions abuse and that if they wanted to not give points, they could have easily programmed it. Here is their response back:
While it is in their t&c that they can terminate your account for any reason, there actually is no rule against “profiting off our points and promotions” which is something that they promote since they give you 20X when you join the program. I think they at least owe me a refund for the prepayment of a couple of years of their PUR program. I liken this similar to when Chase had a class action against them when they axed accounts and took away people’s UR points. That’s why you now have 30 days to cash it out. Unfortunately Citi and the other banks DGAF and now it seems Gamestop DGAF either.
Next step would be to take them to small claims court but I’m not sure if I want to do all that for $500.
It looks like there *is* actually a rule against profiting off the program in their terms — which seems like a crazy rule to leave vaguely undefined for a rewards program. I have no idea how they would enforce that (although a reseller might be the easiest target).
Also, there is an arbitration provision in those terms…. I’m not a lawyer, but seems like something that might be relevant.
If you file against Gamestop in Small Claims court, they have every right to move it to a traditional court, which is what I’m guessing they would do. They have lawyers on retainer.
I agree with the others, SCC is a good move, so long as the filing fee is not to big. In my state/county the fee is $400 to start a case which is rather prohibitive, it serves to reduce case loads.
Take them to SCC. Printout their terms. Show to judge, and then ask where it says you cannot profit from their program. They will likely argue that they can terminate for any reason if that is in the terms. If it’s not worth their time they can just settle. I bet their lawyer costs more to send than it will cost you if you take a paid leave day.
I’m a small business owner. In 20 years I’ve had 3 SCC proceedings. Lost one (due to my own foolishness), won another one and settled the third one 50/50. In NYC at least, they usually send cases to a mediator, which you can refuse and go before the judge, but mediators speed things up, so it’s up to you. The one I won was a lot of fun, as I simply destroyed the defendant who was unprepared like me during my first experience. 🙂
I had 2 more situations when the defendants either paid up or settled down the middle before going to court. Like Borg said, it can be a lot of fun especially when you win, and a good learning experience when you don’t.
Also, in your claim don’t forget to ask for punitive damages. Be real though, and ask to be compensated for the research, the time it took you to prepare for the case, parking fees, and stuff like that. You can even bring your tax return to show how much your time is actually worth. Just keep in mind that small claim judges throw out any punitive claims based on emotional distress and stuff like that, or at least so I was told.
And, I probably don’t need to say that, but always remain polite and courteous to your opponent even if they’re lying. 🙂 People so often lose their s*$^ in SCC, it can be funny and frightening at the same time.
You should definitely go after them in small claims court. If for no other reason than it would be an informative exercise for you to blog about.
Good idea. I’ve never done small claims before but may do it for the experience.
I’ve done Small Claims and even though I lost my case (much different than yours), it was quite exhilarating and actually enjoyable preparing. I strongly suggest going to see a couple Small Claim cases being argued to get the feel of what it is like. Much different than format Lawyer court. I am also in WA state as you know and lawyers, at least here in Whatcom county, are NOT allowed to argue the cases. You have to do it. It can be a bit free-wheeling and some cases are actually fun to watch.
Since my case I one in a while go watch a case or two and it is always interesting.
Small claims court might be kinda fun, actually.