ECA: Hal Halpin's Latest Statement: Changes are Coming

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Latest update:

I recommend everyone read Hal's latest statement, it's his best statement to date and I believe shows the ECA finally has gotten our message. In it he offers better explanations for what happened with the auto-renew function, promises to notify members of changes to terms of service, and even apologizes.
http://www.gameculture.com/2009/12/...lpin-eca-head-discusses-membership-complaints

Disclosure: GameCulture(the source of this statement) is published by the Entertainment Consumers Association.

Can you give us a synopsis of what happened over the past week?
Sure. Back in September we had an intersection of a few things happen within a brief period of time: I wrote a guest editorial in one of the leading games magazines, at the end of which I provided readers with a coupon code for a free trial membership.
Stopping there for a minute, in hindsight, what was the result of that action?
Well, I have to say that I didn't think the decision through thoroughly-enough. My logic was that readers who took the time to read the piece, which focused on some of the more important and topical issues facing game consumers, were people we wanted as members. In the few seconds that it took to type, I didn't consider that one of those readers would run over to their computer and post the code, sans editorial - and in retrospect, it appears obvious.
Next, there was an issue with discount codes from a partner?
Well, sorta.’ We were being supplied with batches of codes from that partner for some time - about six months. And the organization had been growing steadily for the past few years, so one of the challenges we both had was anticipating the redemption rate, batch to batch...which meant accurately predicting new membership growth. That's an unknown quantity for any new business, but more so for a new non-profit that's cutting a new path. But the more time went on the better we got at understanding the influencers, like trade and consumer shows, advertising, co-marketing efforts, promotions, etc.
That's where detractors repeatedly point to the new free trial members being problematic?
It's correct that our critics keep saying that, but it's a false statement. Yes, there was a bump in new membership acquisition during that period, but it was modest... comparatively speaking... and we knew it was coming, so we requested a larger than normal-sized batch. That request was met with more than we asked for and an emergency back-up batch being supplied.
And how did those assumptions and projections play-out?
Pretty much as-expected. Our partners - this one included - were thrilled with our growth. After all, more members equals more potential customers. And with there being only a few in each category of business, that's a great strategic advantage for the merchant. Competitors, who we hadn't yet contracted, were very likely losing customers. And the partners were essentially getting new loyal customers from a very different demographic than they have traditionally. The discount of 10% could easily be rationalized as customer acquisition expense, though I have no insight into any of our sponsor's thinking or rationale. It could have just as easily been that they wanted to support the org and believe in what we're building and doing.
So the influx of new comped members wasn't an issue?
Not at all. We were all pleased. And it seemed as though - even though many of the new members weren't folks who read the article - they quickly got what the ECA is and that there's a lot more to it than all of the perks and discounts.
And next...
Next, we depleted the codes pretty quickly...a bit faster than expected, but not by much. Plus we had the back-up batch, which we implemented fairly quickly. After six months of experience, users were familiar with the process and knew the timeframe required for the merchant to create new unique one-time use codes, get them over to us, and for our IT folks to upload them into the back-end. The problem came when users found that each batch of codes were programmed slightly differently and if you exploited that difference you could essentially "game" the system - tricking it into "stacking" with codes from a different batch.
What did that "stacking" entail?
We notified the partner that there was an issue with their programming and that there was an exploit that some -albeit very few - people were taking advantage of. Those users were reporting that they could stack the coupons. Instead of getting 10% off, they could get 20%.
Wow. Once that got out it must have been pandemonium?
Not really. The partner requested a code attrition and usage report, which we provided, and they began doing their own analysis. Despite what you'll hear from the trade, retail margins don't leave a lot of room for promotions for 20% off, traditionally. But the number of people exploiting the system was fairly small as a percentage. The problem was exacerbated by a land rush for codes by opportunistic members. The way the system was designed permitted any one member to download one coupon at a time, use it once and have to log back in to retrieve another. Though they had just begun working on a long-awaited multi-use code... one which could be assigned one per member and used multiple times. There was also some discussion about tying their membership account to their merchant one, for the same purpose.
That sounds like a logical solution. But that never developed?
No. During that same time, we began throttling the code distribution process...so that users could only download one per day, temporarily, solving the problem. Users quickly realized that if they quit the association, many calling our Accounting department directly, they could quit and re-join, using the free trial offer, and download an infinite number of codes. A related issue with that was that our emergency supply was then depleted much faster than we anticipated. Some of those users... again, very few, began uploading them to re-sell on eBay. That practice was a breach of their membership agreement, but the financial rewards of joining for free, downloading coupons for free and then selling them, was very appealing to them. Our Legal department worked with eBay to get those auctions removed, but the herculean work which resulted in very fast removals, was done by many of our new members - who appreciated the fact that if this wasn't stopped, it would likely result in an end to the promotion. They were really great.
How did you address closing the loophole?
Well, this is yet another one of the confluence of factors that occurred: we were doing a system-wide upgrade to the back-end software that runs the sites. Each time we build or customize modules it's a learning process. Again, there aren't any other non-profit entertainment consumer organizations to model after, so it's very often a matter of building what we think we'll need, having it be scalable, and then watching how well it addresses our needs. In doing the upgrade, the development company left a non-functioning button "live" that shouldn't have been. I believe it was for about three weeks that a feature that looked to disable auto-renewing of one's account could be selected - giving them the false impression that our software - and our architecture - was able to accommodate that request. So just to reiterate, it never worked.
I can see how that would present a problem.
Indeed. Since our staffers are all members, we wouldn't see the option to know that it was there. We, of course, had the developers remove the button as soon as we were made aware. Since it would be a year before those folks would have to renew - and the vast majority of them were the new free trial folks - we knew we had some time to sort through it, rectify the problem and explain the situation to those effected users - with our apologies and a token of our thanks for their understanding. But the code problems persisted while the partner sorted through things and worked on the new solution. Stacking three codes from three batches yielded a 30% discount and those using the exploit were getting more and more aggressive in the size of their orders - no longer buying a game or two. Joining, getting a code, calling and quitting, re-joining and getting another code and placing ever-larger orders was the breaking point. Plus, those contacting us weren't particularly pleasant to deal with when confronted about the practice.
So you've got a real problem brewing now and not a lot of options for solving it?
Exactly. We changed the method for quitting the association temporarily to mailing in the notice. The rationale was that the only people we'd ever... to the best of my knowledge... had leave the org before, were people who forgot to renew or update their credit cards and there were very few of those. By requesting that members mail in a termination notice, the only people affected were those taking advantage of the system and they were none-too-pleased with the move. If you thought they were difficult to deal with before, they were now incensed. Communications devolved into very very rude and abusive voicemail and email messages. Our staff wasn't prepared for that or for the vulgarity. I didn't want anyone having to deal with that, nor should they have to.
Did the codes come back?
No. As the partner was working on their single code solution, it all was coming to a head. We ran out of the balance of the emergency batch and were awaiting the newly enhanced codes - a process that had taken from one to two weeks before. We removed the ads which promoted that discount and dealt with the feedback from members who were getting increasingly impatient for the next batch. A few people even sent nasty emails to the merchant in an effort to make them aware of their displeasure with having to wait. Some other members started getting angry that an advertised promotion wasn't online, so they accused us of bait-and-switch and became more threatening. We updated the sponsor's listing on the partnership page to indicate that they were still supportive of the org and our efforts, but that the promotion was suspended, as we didn't know if or when another would be offered. But changing the language just made those who were upset even more angry, demanding that we somehow force the partner to provide another offer. But shortly after, we heard what we were dreading: that the exploits and comments were just getting to be too much. Had there been just a little more time or patience, the new multi-use codes would have come in and all would have been well.
Wow! OK. I didn't realize that tensions were so high?
No one did. We're talking about a very small group of people to be fair, but they were free trial members who wanted initially to get a refund and then later demanded that their membership not auto-renew until and unless more discounts came available. We responded back letting them know that more, in fact, had come online and several more were almost contracted and done, but that the button they thought they used wasn't functional. They demanded that we bring it back online and weren't happy to learn that it just wasn't that simple. When they heard that we wanted a mailed letter for termination, they went viral and began a coordinated campaign to attack the association.
But if the group was so small, how effective could they be?
Again, playing Monday morning quarterback, I can say that I had no idea. They continued escalating the situation and incensing other members, rallying them to their cause. We heard the feedback on wanting to have the option of not auto-renewing online, which made a lot of sense, but wasn't an option with the current design. They began reaching out to several media outlets, telling them that we were running a scam and taking their money without giving them the option to leave or not auto-renew. We were blindsided.
...which was when you released the reaction statement?
Right. I tried to explain the situation and address the concerns of members who were becoming aware of issues by reading the stories. They had no idea what was going on and out of context, panicked, and rightly-so. Out of context we sound like horrible greedy people and they sound like victims who've been taken advantage of. The release was intended to answer questions, allay concerns and explain what the actions of this group have done. Unfortunately, it wasn't received by everyone that way. I never meant to offend and I certainly apologize.
Were there a lot of people upset by the release?
No, not that we're aware of. I think the vast majority of members weren't even aware that there was a problem and those who were and read the statement largely took it the way it was intended. I think the folks that I upset probably read the statement via one of the blogs on-going coverage - which usually included negative commentary from the writer. Those folks, having read it that way and reading the ensuing comments below those articles, were really concerned - wondering what happened to the association and what was going on. In the mean time, a few people continued to escalate their attacks, from personal assaults on staff members in the form of slander and libel, to inciting others to contact the Better Business Bureau (BBB), then the Attorney General's (AG) office and then finally our partners, merchants and credit card providers. They demanded that we reinstitute the non-functioning button and permit them to cancel by phone and email - while, all the time, communicating that message in as hateful and vile a correspondence as you can imagine.
What was the reaction from all of the people they were trying to convince not work with ECA anymore?
Really great. Most reacted by saying that they understood the situation and they have similar problems from time to time. The BBB folks also were very understanding and we're continuing to work with them, providing them with whatever documentation and information they request. We had one partner temporarily suspend their current offer for members, wanting to wait to see how the situation was resolved. And we had another who was approached directly by the inciters, who who chose to side with them - but to be fair, he very likely knew nothing of the situation at the time. Everyone else reaffirmed their commitment to the association and, in a few examples, even provided us with valuable feedback.
Do you have any sense of who these folks are?
Absolutely. We know precisely who they are - we have all of their information, of course. Seriously?! Now again, I should be clear that when I refer to the core group, I'm referring to the same people we've been discussing all along; not everyone who is concerned, upset or anxious. I think that those folks were likely relieved to see a new FAQ that we posted in the forums, earlier this past weekend, which explains that we're working on an auto-renew process, that it'll be substantially-similar to other major online gaming services or membership orgs in its design, and that we don't alter their credit card information...
Was that a concern as well?
Only recently. I believe that came to the surface from one of the newer folks who was generally concerned after reading all of the different forums posts. They looked through our membership agreement and came across a section where we state that we could alter expiration dates to process their renewals. It was part of the boiler plate. And again, makes sense in context: I want to renew, but my card just expired. Having that clause would enable us to make the transaction go through, so it never occurred to anyone that it was a bad thing. We never used it and couldn’t imagine other circumstances under which we would. But it was spun or interpreted to mean that we're going to renew you whether you like it or not! I can appreciate that concern, especially framed with all of the other stuff; so, after discussing it, we removed that section entirely.. Legalese, while complex out of necessity sometimes, can also be made clear. I believe that's been our position with EULA standardizations, generally, as well.
There was also some question about how best to communicate to the membership?
Yes, some members asked if we could communicate any significant changes to the membership agreement – such as our removal/rewording of that sub-section we just discussed. As a result of that suggestion, we said that that’s fair and the best way to do so would be via our member’s only monthly newsletter, going forward.
Are you concerned with how this has been playing out?
Of course, very. It’s been grueling on our staff and especially on our forums moderators, who have been on the front lines. On the other hand, getting feedback from members – when it’s communicated civilly – can be really productive. A lot of the things we’ve discussed reflect that open channel of communications where they provide suggestions and comments and we can assess the need and determine how best to address it. But it’s when those lines of communication fall apart, and the discussions happen on other forums, that it’s less productive.
So why take the ECA forums off-line?
Fair enough. That was my decision. Having read all of the discussion and debate all of the issues, it seemed to me that it had all been asked and answered. All of the opinions had been stated and as many of the updates that were available were posted. We hadn’t done a major update to the system – with security patches, with new features and new registration criteria – in some time, so it seemed like a good place to give everyone a break. Like with the other things we’ve said we’re working on, so too will the forums be addressed.
Other major online gaming services have had similar problems with user complaints, why is it so much more emotional with this situation?
With online gaming services, they’re delivering much more of a product than a service in my estimation. So when they went through backlash from users who were upset with their termination policies, there was that difference. Then there’s the fact that many – although not most – of our concerned members were the free trial folks, who didn’t have to pay to join. As compared with the members who did, there may be a mind frame difference. Gaming services cost money; there’s a value proposition, users weigh the pros and cons and commit to join or not. With ECA, we go through that same process, albeit at a much lower price threshold, and the reasons for joining are less about value for the dollar – again, referring to the paid users – and more about what the org does holistically. My guess is that the paid folks are more likely to be involved actively in our advocacy efforts, reading our newsletters and publications and generally aware of the non-benefits areas in which we’re involved. Similarly, the free trial members are probably more likely to be aware of the latest partners and offers that we’ve added as member benefits. That said, our members have an emotional connection with ECA that they probably don’t have – at least in the same way – with an online gaming service.
So where are you now and what’s the plan for moving forward?
As was addressed in the FAQ, we’re working on adding a new module for online account termination as one of the lead priorities. Since they’ve been down this road and had the back and forth with their customers, we can be fairly sure that the systems that are being used now are ones that our folks will be comfortable with. Getting an option to remove auto-renewals will also be addressed in this same build-out, as will be the notification date.
And where does the ECA stand with those members who still want to cancel?
Well, I’d hope that they’d understand that we’re working to address the issues that we’ve discussed at length here, but that these things do take time. I know that asking patience at an emotionally-charged time isn’t the easiest, but I think they’ll feel assured that we haven’t mislead them as they begin to see each of these things come to fruition. If they still decide to part ways, I can’t say that I understand, but I can say that I respect their decision. Look, all of this is new – to them and to us. We need to just do the best that we can and work toward solutions that we’re all comfortable with. That’s really the best that we can do and I hope that they’re willing to be a part of that.
Is there anything else you’d like to add regarding the issue?
Yeah, again, just to restate my sincere apology for anyone who was offended by our statement last week, who felt unintentionally lumped-in with the group that I was referencing. That was never my intention, and feel badly for not being more clear. It really is in all our best interests to work together, learn from the issue and continue to focus on the important work that still needs to be done.


In my opinion, if the ECA follows through with what he's saying they will have done a lot to fix this. Also, a lot of his explanation and tone is much friendlier and clearer. They seemed to be listening to ours and others concerns and making right. For that, I applaud them.

12/9: The ECA has removed the section of the TOS referring to their ability to change your CC's expiration date, again a positive change that they should be commended for.


--------------
12/7 update:

Latest word from the ECA's Gypsyfly:
"Right now ECA is working on implementing an online option for members which will require creating a new business, accounting, and site module as the site never had this option. They will also notify members of policies changes via their members newsletters even though they are not required to, some items in the TOS will also be updated moving forward to better reflect the needs of members."

I'd recommend waiting a bit before spending the time and money on a certified letter, we'll hopefully be able to cancel a more convenient way soon.

...........

12/4 update: the eca has a new faq that includes info about canceling. They still require written notice. While they say it doesn't need to be traceable, I'd still recommend it given part 12 of their terms. They also now say they are working on another way to cancel and an option to disable auto renew.
http://forums.theeca.com/showthread.php?t=7158
What is the annual membership fee?
The annual dues for membership in the ECA are $19.99 per year for normal membership, and $14.99 for student and military members (with a valid dot edu or dot mil domain extension). To join the association, click here.

What benefits are there associated with ECA membership?
The organization is dedicated to providing a wealth of community and affinity benefits to our members.* With membership, you can connect with like-minded gamers, explore career and educational opportunities in the business, start or join one of our network of chapters across the US and Canada, and much more.*Take a few minutes to check out our website to explore the advocacy issues that we work on, the empowerment tools that we provide, the accomplishments we’ve made and the other benefits of membership. We also have a more general FAQ, which may be helpful, available here.

What do I get in terms of actual dollar value for my $19.99 dues?
The member benefits section of the website provides a detailed explanation, but our goal is to provide members with access to a whole host of goods and services, such as low cost insurance, to advocacy campaigns, to discounts with retail partners. As a member of the ECA, you should be spending considerably less each year on goods and services because you’ll have access to them through us at a much cheaper/more compelling rate(s). The list is fairly long and is constantly being updated with new offers, but members can access the full roster of offers on the site.

Since the ECA is a non-profit, are my dues payments tax-deductable?
No. The association is a 501(c)(4) non-profit membership organization. You may be thinking of 501(c)(3) charitable organizations. For more information about the differences between different classifications of non-profits, try here.

Once I join will my membership auto-renew?
Yes. At the time of your registration, you are asked to provide a major credit card so that on your anniversary date you can be automatically renewed for the following year as standard practice – not dissimilar to parallel membership organizations or major online gaming services. Nearing your anniversary date we remind you that your term is coming to an end so that you can take action to update your credit card information or cancel your membership.

Can I choose to have my membership NOT auto-renew online?
The system is presently not set up for this, but due to membership feedback we have been actively working on solutions that should make it so. We’re modeling some of the other leading online games services and membership associations, so the process should be familiar and use best practices.

Wasn’t there a button that I could check to deselect auto-renewing?
For a brief period of time, some users may have seen a non-functioning button that referred to cancelling auto-renewal. This was due to developer error during a system upgrade to the back-end. It was removed as soon as we were made aware to avoid confusion and because it never had that functionality. However, the new enhancements we’re working on will address this option.

What happens if my credit card expires?
The ECA requires all members in good standing to have updated credit cards on file. This is for several reasons, not the least of which is that the system was designed to reduce overhead and back-end expenses. The credit card disclaimer – which can be found right above the section where new members are prompted for their details – explains that the card will not be charged again until your anniversary date (not unlike other non-profit membership organizations, online gaming services, or health club memberships for that matter). If new members are unwilling or unable to fully complete their registration information, we do not process their application. If your credit card expires or is lost/stolen, your profile must be updated so that you have a valid credit card capable of paying your dues on file with the association. The ECA does not automatically update expired credit cards.

Can I cancel my membership at any time?
You may terminate your active membership in the association at any time. However, refund requests will not be processed. Like with any other membership org, many of the benefits are accessible immediately upon joining. If this policy were not in place, people could join the association, take advantage of the benefits and seek a refund immediately afterward. It is disclosed in your Membership Terms & Conditions, which you can find here.

How do I cancel my membership?
While we build out the new accounting module, discussed above, we cannot accept emailed or voicemail cancellation requests at this time. We understand that it may be frustrating, but we ask for your patience while we work to enhance the system. In the interim, if you wish to cancel your ECA membership, simply send us a letter to the address listed below. (A certified letter is not required.) Please include your full membership details (full contact info and in as much detail as possible). Your membership will be terminated once processed and you will receive correspondence back, confirming your cancellation.

Entertainment Consumers Association (ECA)
Attn: Accounting Department
64 Danbury Rd, Suite 700
Wilton, CT *06897

What if I prefer not to send a letter to cancel my membership?
Until the new system is implemented, we can only accept mailed cancellation requests. We thank you for your patience and understanding during this time and will share the details of the update shortly.

Where can I find the ECA’s Privacy Policy, Terms of Membership and Membership Agreement?
As a consumer advocacy organization, the rights of consumers are the ECA’s priority. We also have a fiduciary responsibility to the organization as a whole and to the members individually. For those reasons our policies and agreements are modeled after the leading non-profit membership organizations and are available at the bottom of every page of our website. But for quick reference, our Privacy Policy can be found here and our Membership Terms & Conditions, here.

I’ve joined the association, but am having trouble accessing my account or logging-in.

Welcome! The system will send an authentication email to the address you provided in the first step, as well as a registration message acknowledging your complimentary subscription to ECA Today, our week-nightly HTML-based newsletter. You must click on the link in the authentication email to proceed to step two and finalize your registration. If you received the newsletter email, you will likely also receive the authentication message. Check your spam folder. If you didn’t receive either message, or you didn’t receive the authentication email after a short period of time, it may be that your ISP is blocking the email, or our message triggered something in your router’s filter settings. Just email us for additional help.

Does the ECA offer working journalists complimentary memberships?
We do offer members of the media a limited number of complimentary memberships in the association. For all media inquiries, please email [email protected] to communicate directly with our public relations staff.

How can I find out more about what the ECA is doing or has accomplished?
If you want to know how to get involved in any of the issue areas in which we’re engaged, try our action center here. We also keep members abreast of our activities via our week-nightly HTML-based newsletter, ECA Today, as well as our Monthly Member Newsletter, which broadly keeps you informed. And if you still have a question, comment or concern, you could always try our Forums.

I’d like to get the word out and help recruit new members, is there an affiliate program in place?
Yes. ECA is both a Publisher and Advertiser with Commission Junction, which is how we work with affiliate partners, so we would refer you to their website to connect via their portal, here.
Last edited by ezacharyk; Today at 08:29 PM.

I am pleased progress is being made, I still strongly feel they need to send an email to all members stating that the disable auto renew feature was never functioning. Also, while they say the feature was only available for a short time, there are indications it was available as far back as March and as late as the end of October (thanks blisskr for finding these posts). I wouldn't consider that a short period time, certainly its long enough to necessitate personal notice to all of their members. Please also note a mod responds to the March post and makes no mention of its non-functionality. I would also think that means they should have known about the button as early March, yet it was not removed until several months later. Additionally, according to several CAGs, the nonfunctional button gave verification that the auto renewal feature was canceled. It's very difficult to trust someone with your credit card information if such a major mistake is left on their website for months.


................

I am well aware that this is not a deal and many will flame me and say this is the wrong forum or that this is a re-post. However, at one point it seems like the majority of CAGs gave these people their credit card information in order to sign up for a paid or "free" membership. It should be emphasized that everyone who became a member(including free ones) had to give their credit card info, in case you have forgotten. Many if not all who signed up immediately canceled the auto renew billing feature using the website. It appears that it is now ECA's stance that anyone who did this did not actually cancel because it was never a working part of their website. They claim that the auto renew feature was only available for a limited time and never actually did anything because of some glitch, but anecdotal evidence from CAGs suggest it was online for several weeks and possibly months. Up to this point, they have refused to adequately accept responsibility for this mistake and have failed to personally notify their members of this problem. The original thread where I got this info from is found here, full credit should be given to Cager arcane93 for pointing all this out in this thread.

The ONLY way you can cancel your membership is by a letter through some form of TRACEABLE mail.

send your cancellation here, which according to their terms must be sent 30 days prior to your renewal date:
[FONT=&quot]Attn: Accounting, ECA, 64 Danbury Road, Suite 700, Wilton, CT 06897-4406. [/FONT]

What info is needed to cancel?
Just say you want to cancel and include your full name and email.

THERE IS NO WAY TO TURN OFF AUTO RENEW- you can only cancel your membership, they say here that "You will be notified a month before hand of your account expiring. So you have time to cancel if you decided to do so." But according to section 4 of their terms you must cancel 30 days prior to your renewal date. Obviously, this is highly problematic.

---for those concerned about potential unwanted charges: the charge shows up as: "ENT. CONSUMER ASSOC" Phone number 203-761-6180 CT"

Here are some tidbits from the ECA mod's themselves, taken from their forum:

Was there a button for auto-renewing?
Yes, for some browsers, but it wasn’t intended to be there, wasn’t a working option and was removed as soon as we became aware

Why can’t we terminate via email?
Because the org has grown too large to handle the volume and requiring a mailed piece separates those who are serious from those who are lazy or finicky – joining and leaving repeatedly – and it gives us written documentation, a paper trail to reconcile against

Notable Parts of their terms of service:

[FONT=&quot]5.[/FONT][FONT=&quot]Right to update Credit Card Account Information[/FONT][FONT=&quot]. If the credit card provided by Member to ECA has expired during an attempt to bill fees per section 4, ECA will revise the expiration date and proceed with billing using the same credit card account.
 
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[quote name='kodave']

The bottom line is this:


WE WON. WE'RE GETTING THE MOST IMPORTANT THING WE WANT: ONLINE CANCELLATION


[/QUOTE]
I hope you're right, but i'll believe it when I see it.
 
[quote name='bigdaddybruce44']I got no such e-mail, either.



The ECA's claim is that the company that built the website used an existed format or whatever that included the button. Honestly, I know a lot of people in this thread wanna go nuts and act like the ECA had some grand scheme to take our $20. I'll probably grant them that they didn't know the button was there. Judging by the way they have handled this entire situation, it's not exactly a leap to assume that the no one knows what the hell is going on around there. In the end, as most of us have already said, the real issue is that they refused to notify us and also decided to make the cancellation process as tedious as possible. Then, they also compounded it about insulting us and accusing many of us of fraud.[/QUOTE]

I'd have to say the same thing. After starting as a NPO with a yearly payment of $19.99 or $14.99, to a free membership with payments 1 year ahead, to the actions of the mods and management to the customers, I feel like members of CAGs 'cocksmas' made a corporation at this point...

You couldn't be more incompetent if you tried.
 
[quote name='x Famous x']It was in those daily newsletters that they send out. As for the exact day it was I do not know, but it shouldn't be hard to miss if you did get it. As I said before "I believe"[/QUOTE]

I just looked through every message I received from the ECA since December 2nd and there is no mention of Hal's response. And knowing the way the newsletter works, it would have just linked to the GP article. A notification needs to be sent out to every single subscribed ECA member, not just a mention in an optional newsletter--which I don't even see.
 
As long as we can cancel online, I really don't give a shit about any of this. Prove to me they're violating some law if you believe they are.

I got my free membership in September 2009, so mine is only expiring in 2010. Hopefully they'll start up some good deal between now and then, but I'm doubtful. Oh well I'll just have to set a reminder to cancel before 2010. Amazon discounts were good while they lasted though.
 
[quote name='kodave']
WE WON. WE'RE GETTING THE MOST IMPORTANT THING WE WANT: ONLINE CANCELLATION
[/QUOTE]

2 things. (1) I wouldn't be declaring victory just yet, the ECA also said for weeks that the Amazon codes would be back and that didn't happen. I will be satisfied when it actually happens(which I believe it will). (2) That is not the thing that is most important to me, its them notifying ALL their members of the non functioning button. Not everyone reads CAG or the ECA forums, ect.
 
[quote name='kodave']Christ will you guys drop this argument?

It was determined pages ago that this law was inapplicable and in fact NO ONE HAS PROVEN THAT THE ECA HAS DIRECTLY VIOLATED ANY STATE OR FEDERAL STATUTE! THE ECA IS, AS FAR AS WE KNOW, IN COMPLIANCE WITH ANY CT STATUTES REFERENCED.

YES LISTEN TO ME I'M IN ALL CAPS TYPING.


Additionally, WHAT THE HECK are the rest of you still debating about?


The bottom line is this:


WE WON. WE'RE GETTING THE MOST IMPORTANT THING WE WANT: ONLINE CANCELLATION


The second those forums went down, the ECA officially gave up trying to defend their stance. But they're working on the online cancellation and it should be up soon if the ECA knows what's good for them.

Just chill out and I'm sure it'll be up and running within a few days.

And if its not up and running in a few days, the ECA has an even bigger problem by hiding in the dark like that, and we can go back to the "revolution"

But let's be hopeful that online cancellation will appear shortly.

And I repeat, we'll NEVER get the truth about the following fiascos including:
- Why the Amazon codes were so poorly implemented
- Why the GIMAG code and free membership was so poorly implemented
- Why the community liaison was untrained and bad at communicating
- Why untrained volunteer moderators acted the way they did on the ECA forums
- Just exactly how were people signing up-canceling-signing up-canceling to abuse Amazon codes
- Why Hal Halpin is such a jerk
- Whether or not the original cancellation button actually worked and the truth behind what happened to those accounts who actually clicked that button

We could go round and round in circles for years debating all of those points and whose fault it was who acted wrongly and all that jazz - but we'll never get to the truth.

Maybe, just maybe, the ECA will sack up as an organization and Hal Halpin will take the blame and issue an apology for those looking for one.

But I'm sure in a few days we'll all be able to cancel our memberships or at the very least cancel the auto-renew function online again. The ECA said on its forums before they closed them down that they're working on this. The ECA heard us. The gaming press heard us. The ECA's sponsors heard us.

In just a matter of days, everyone who wants to will be able to cancel their accounts for good and walk away from all of this nonsense, and on the flip side the ECA won't have to put up with any of our shit anymore. Those who want to be retards and NOT cancel, then dispute billing in 9 months are free to do that. They'll easily waste more of their time doing that, even if its just a few phone calls, than they would by re-canceling when that option returns. But for the rest of us, we can walk away knowing that if we do get billed in the future - the ECA is in deep shit.

And if you don't want to wait that long, you can always snail mail some stuff to Hal & Pals down at the ECA.

I've tried to redirect this thread countless times into discussing things that still matter at this point - like continued contacting of sponsors for those who want more sponsors to withdraw their ECA affiliations.

But instead, one or two trolls pop in here and post something and all of a sudden its serious business time. This thread really serves no useful purpose anymore and I'd even recommend it gets closed until the online cancellation returns, and then a new thread created for people who have questions or issues with the online cancellation.[/QUOTE]

Whatever. While going after a BA and going into accounting classes, I can personally tell you that the law isn't as cut and dried, and definately is not written the same way that you would find something written online.

A judge would be the one who decides it anyway.
 
[quote name='bigdaddybruce44']Right now, though, you can join for free, and you get a free piece of Halpin armor! Good luck, adventurers![/QUOTE]

I'm guessing Halpin armor looks something like this?

863707-spartanpink_large.jpg
 
Indeed. And it has +10 douchey-ness, which opens new conversation trees with NPCs. Unfortunately, most of the dialogue options involve you insulting them or accusing them of credit fraud.
 
[quote name='x Famous x']It was in those daily newsletters that they send out. As for the exact day it was I do not know, but it shouldn't be hard to miss if you did get it. As I said before "I believe"[/QUOTE]

I just read through every single "ECA today" newsletter and both monthly newsletters that have been sent out since October 2 when I registered and there is absolutely no mention of the cancel button issue anywhere. And the cancel button was available when I joined.

So you sir are simply wrong. The ECA has done nothing to alert members that their cancellation didn't go through. Any responsible organization would have done so immediately.
 
Let's break this down and put the argument to rest about Sec. 42-126b(c)(1) in Connecticut

(c) (1) Any person, firm, partnership, association or corporation that sells or offers to sell any products or services used primarily for personal, family or household purposes
Here ECA would be the person, firm, partnership, association, or corporation.

For this to even be applicable, you'd have to prove they sell products or services first off all.

This isn't entirely clear. The ECA sells a MEMBERSHIP to a nonprofit organization, and with that membership you get access to discounts, among other things.

For the sake of this argument, lets say the ECA is actually selling us a service, and that indeed this is for personal purposes because buying games is a personal purpose. It might even be a household purpose.

for a specified period of time of more than one hundred eighty days
Yep, the contract we've all entered into is for one calendar year, which is longer than 180 days for you people keeping track at home.

pursuant to a written contract that contains a provision for automatic renewal of the contract for a period of time of more than thirty-one days at the end of the period of time specified in the contract
Yep, the renewal period is for another calendar year, which is longer than 31 days, so we'll keep going...

the automatic renewal shall provide the recipient of such products or services with a clear and conspicuous written notice that the recipient may cancel such contract.
They're saying us, the members, must be given clear and conspicuous notice that we can cancel the contract instead of being auto renewed.

Such notice shall include the procedure for such cancellation.
So they just have to tell us how to cancel our memberships. As you'll see in the rest of the breakdown, there's nothing dictating how we can cancel. The ECA is free to set the terms of our cancellation via snail mail, email, fax, phone, website, etc. in the Terms of Service, which we've all agreed can be changed at any time and without our notification (Insert ethical whining here despite nothing being illegal about this).

Such notice shall be given at least fifteen days but not more than sixty days prior to: (A) The date upon which the contract will be renewed, or (B) the expiration of the time period for cancellation by the recipient, whichever time period is earlier.
So the ECA just has to tell us 15 days before our membership is set to expire/auto-renew that we can cancel our membership. Now, here come that parts that are confusing everyone:

Mailing of the written notice required by this subdivision by United States mail to the address of the recipient listed in the contract shall satisfy the notice requirements of this subdivision.
All this says is that if the ECA decides to snail mail us 15 days before our memberships expire that we have the option to cancel our memberships, then their snail mail is a legally acceptable way to notify us of our right to cancel. Now, the kicker:

If a contract subject to the provisions of this subsection is entered into electronically or the consumer agrees to receive notice electronically, the written notice required by this subsection may be transmitted by electronic mail.
This says that if we sign the contract online, or that if we notify the company that they have permission to email us electronic notifications, the written notice the ECA must provide us saying we can cancel our contracts rather than auto-renew can be sent to us via e-mail if the ECA wants to do it that way.

THAT'S IT.

This says nothing about our right to cancel electronically, because this specific statute does not provide us any such right.

All it says is that the ECA HAS to tell us we can cancel instead of auto-renew, and the ECA MUST do this no later than 15 days before our contracts expire/are set to auto-renew. It also says the ECA has the CHOICE to notify us of our right to cancel via snail mail or e-mail.

And ECA's policy is that they send out an email 30 days prior to the end of our membership period. As long as that email tells us how we can cancel - which the ECA is free to set on their own terms (snail mail, email, website, phone, fax, etc) - THEN THE ECA IS IN COMPLIANCE WITH THE LAW IN CT.


Now, it's entirely possible if there was a theoretical court case, a judge could find the TOS we agreed to unconscionable and order a remedy for it.

BUT THAT IS CONTRACT LAW AND THAT HAS NOTHING TO DO WITH 42-126b(c)(1)

Now that we've put that issue to rest, here is a Hal Halpin parody picture for your LOLZ:

realmature.png


And if you don't get the reference, it has to do with this email he sent in reply to someone who called him a moron:

halmoron.jpg
 
Last edited by a moderator:
I've never gotten the newsletter and have been a member since August. I have the option selected to receive them & my email is correct.
 
[quote name='kodave']Now that we've put that issue to rest, here is a Hal Halpin parody picture for your LOLZ:

realmature.png


And if you don't get the reference, it has to do with this email he sent in reply to someone who called him a moron:

halmoron.jpg
[/QUOTE]

Also, I won't mention any names, but someone went ahead and reedited his Wikipedia article after the Simpson edit was reverted. http://en.wikipedia.org/wiki/Hal_Halpin
 
kodave, you're my new hero. Thanks for that analysis. You put into words what I was too lazy to type lol. Just make sure your mind is still in that legal frame of mind because chances are AdultLink will respond with some childish retort.
 
I really think we should stop analyzing the state law. Unless you plan on taking legal action (in which case you should be talking to a lawyer) it's kind of irrelevant.
 
[quote name='IRHari']kodave, you're my new hero. Thanks for that analysis. You put into words what I was too lazy to type lol. Just make sure your mind is still in that legal frame of mind because chances are AdultLink will respond with some childish retort.[/QUOTE]

Thanks. If he wants to argue me with his Bachelor of the Arts and accounting classes, fine, but I'll say this much about what I just posted:

I'm right.

And I only want to stop beating the dead horse known as Connecticut law that someone erroneously thought was applicable and posted on a bunch of sites even though it clearly isn't.

There's way better things to be debating about.
 
[quote name='kodave']Not I, if that's what quoting my LOLZ was supposed to imply.[/QUOTE]

I was implying someone else.
 
[quote name='kodave']Thanks. If he wants to argue me with his Bachelor of the Arts and accounting classes, fine, but I'll say this much about what I just posted:

I'm right.

And I only want to stop beating the dead horse known as Connecticut law that someone erroneously thought was applicable and posted on a bunch of sites even though it clearly isn't.

There's way better things to be debating about.[/QUOTE]

Business Administration, a management degree, not bachelor of the arts.

If you are going to insult me, you may want to know what a BA is. Surely somebody who knows as much about law would huh?
 
[quote name='IRHari']kodave, you're my new hero. Thanks for that analysis. You put into words what I was too lazy to type lol. Just make sure your mind is still in that legal frame of mind because chances are AdultLink will respond with some childish retort.[/QUOTE]

Not to be a total kissass, but I completely agree. Kodave, you've really been handling this situation better than anyone, both on here and on the ECA forums.
 
[quote name='AdultLink']Business Administration, a management degree, not bachelor of the arts.

If you are going to insult me, you may want to know what a BA is.[/QUOTE]

Are you kidding me? What do you think BA and BS degrees are that every university in the US hands out? Bachelor of Arts and Bachelor of Science.

If you had a graduate degree in Business Administration surely you would have referred to it in its universally known acronym: MBA.

Curious as to what your degree is actually refered to in acronym form, I consulted wikipedia:

The Bachelor of Business Administration (BBA) is a bachelor's degree in business studies. In most universities, the degree is conferred upon a student after four years of full-time study (120 credit hours) in one or more areas of business concentrations; see below. The BBA program usually includes general business courses and advanced courses for specific concentrations. Alternative degree titles include Bachelor of Science in Business Administration (BSBA), and Bachelor in Management Studies (BMS).
So BBA, BSBA, BMS all could be your degree. But a BA is most commonly known as a Bachelor of Arts.
 
[quote name='AdultLink']Business Administration, a management degree, not bachelor of the arts.

If you are going to insult me, you may want to know what a BA is.[/QUOTE]
You said "while going after a BA..."
A BA always refers to a Bachelor of Arts.
A Bachelor of Business Administration would be a BBA.
 
c) (1) Any person, firm, partnership, association or corporation that sells or offers to sell any products or services used primarily for personal, family or household purposes

By law, a NPO is a person, firm, partnership, association, or corporation that is not for profit. And selling a membership is by definition selling a service:

http://en.wikipedia.org/wiki/Service_(economics)

A service is the non-ownership equivalent of a good. Service provision has been defined as an economic activity that does not result in ownership and is claimed to be a process that creates benefits by facilitating either a change in customers, a change in their physical possessions, or a change in their intangible assets.

A service can be anything that isn't related to ownership change. That includes selling of assests, clients, and goods.

the automatic renewal shall provide the recipient of such products or services with a clear and conspicuous written notice that the recipient may cancel such contract.

This NPO did nothing of the sort. They gave a non working link to cancel online and then changed their EULA later on. That is bait and switch.

Such notice shall include the procedure for such cancellation.

Their own procedures for cancellation in their original EULAs were modified, which is again bait and switch and illegal.

Not only that, but the procedure that they had included on their website was not working to begin with.

Mailing of the written notice required by this subdivision by United States mail to the address of the recipient listed in the contract shall satisfy the notice requirements of this subdivision.

Shall satisfy yes, but considering the next part:

If a contract subject to the provisions of this subsection is entered into electronically or the consumer agrees to receive notice electronically, the written notice required by this subsection may be transmitted by electronic mail.

The customer is given the right to cancel by electronic mail. If they choose to cancel by regular mail, they are given that right, but again, the customer also has the right to cancel by electronic mail.
 
[quote name='AdultLink']Business Administration, a management degree, not bachelor of the arts.

If you are going to insult me, you may want to know what a BA is. Surely somebody who knows as much about law would huh?[/QUOTE]


You're an idiot. Admit you were wrong and move along.

I actually have a business administration degree (actual, not mail order) and even I think BA stands for Bachelor of Arts. You know why? Cause that's what it stands for.
 
[quote name='confoosious']You're an idiot. Admit you were wrong and move along.

I actually have a business administration degree (actual, not mail order) and even I think BA stands for Bachelor of Arts. You know why? Cause that's what it stands for.[/QUOTE]

Cry more please, I personally don't give a shit about you.

With that said, it's a shame that a forum obcessed with 'cocksmas' calls me an idiot. I'll go cry while looking at my current averages in class which is 98%. You all make me so sad...
 
[quote name='AdultLink']Cry more please, I personally don't give a shit about of you.

With that said, it's a shame that a forum obcessed with 'cocksmas' calls me an idiot. I'll go cry while looking at my current averages in class which is 98%. You all make me so sad...[/QUOTE]

Dude, nobody is impressed by your 98% average at the University of Phoenix.
 
[quote name='AdultLink']
The customer is given the right to cancel by electronic mail. If they choose to cancel by regular mail, they are given that right, but again, the customer also has the right to cancel by electronic mail.[/QUOTE]

As stated multiple times, as applied to the current situation that language is referring to what the ECA is required to send out. It's saying they must send out a notice before auto-renewing someone and that THAT notice can be sent electronically if that's how the contract was entered into or if the customer agrees to it. It has nothing to do with what a person canceling a contract can or cannot do.
 
[quote name='confoosious']Dude, nobody is impressed by your 98% average at the University of Phoenix.[/QUOTE]

It's not Phoenix. And again, I don't care what any of you say, I am only here for gaming deals. You guys can think what you want to think about me, you already have in the past, so do it and go back to playing with your cartoon cocks.
 
So you really want to do this?

[quote name='AdultLink']
This NPO did nothing of the sort. They gave a non working link to cancel online and then changed their EULA later on. That is bait and switch.

Their own procedures for cancellation in their original EULAs were modified, which is again bait and switch and illegal.

Not only that, but the procedure that they had included on their website was not working to begin with.

The customer is given the right to cancel by electronic mail. If they choose to cancel by regular mail, they are given that right, but again, the customer also has the right to cancel by electronic mail.[/QUOTE]

That is not their notification to us. That is merely the Terms of Service we all have agreed to. The Terms of Service is our contract with the ECA.

The terms of service say they can be changed at any time and without our notice. GUESS WHAT? You and I and everyone else agreed to that. That's how EVERY TOS works, and there's NOTHING illegal about it. The only way it's going to be a bait and switch is if there is a specific law on the books describing what a bait and switch in a TOS would be, or if a judge found the TOS unconscionable and issued a remedy for it. But that is NOT what this statute does.

The notification required by this statute is an email the ECA says they send 30 days before our contract date is up. That email must contain clear directions on how to cancel our account, and I'm assuming the ECA will then quote the cancellation provision from the TOS with whatever the cancellation method is at that time.

But practically NO ONE HERE has been within the 30 days so we have no evidence that the ECA isn't complying with this. The majority of us are 6 to 9 months away from having our contracts expire. And if anyone here HAS been within the 30 days and didn't get their email, THEN the ECA violated this law and that member should be able to fight the autorenew on their account. But so far I don't think I've found anyone in that predicament yet.

Furthermore, I don't know how else I can explain it, but that DOES NOT GIVE US THE RIGHT TO CANCEL ELCTRONICALLY. Christ, I'll break it down word for word, just for you:

If a contract subject to the provisions of this subsection
The contract here is our ECA membership, which we are assuming fits all of the other terms of the statute to fall under this statute's applicability.

is entered into electronically
Yes, we all entered into the contract electronically, so this is applying so far...

or the consumer agrees to receive notice electronically,
In the alternative, if we had signed a paper contract, but agreed in that paper contract to be emailed, then this could apply, but really this clause doesn't matter for the sake of this argument.

the written notice required by this subsection
As I discussed before, this is the written notice required by this subsection is the one that must tell us 15 days before renewal how to cancel our accounts.

may be transmitted by electronic mail.
The ECA's notice to us may be transmitted by electronic mail.

WHAT ABOUT THAT DON'T YOU UNDERSTAND?

That gives us no reciprocal rights to cancel via email.

The ECA simply has to send us an email saying "You can cancel by giving us a call" or "You can cancel by mailing a letter" or "You can cancel by logging onto our website and terminating your membership under 'Account Options'"

IF the ECA were to send one of these notifications TODAY, it would quote the cancellation provision from the TOS, and tell us to include our name and email address in the cancellation letter.

AND THAT IS ALL IN COMPLIANCE WITH THIS LAW.

PLEASE, do tell me where does this statute give the consumer any rights OTHER than the right to be notified of impending renewal and the method the company can use to send us that notification?

It's doesn't!

Just stop already.
 
[quote name='AdultLink']It's not Phoenix. And again, I don't care what any of you say, I am only here for gaming deals. You guys can think what you want to think about me, you already have in the past, so do it and go back to playing with your cartoon cocks.[/QUOTE]

My bad. Strayer?

Either way, you're a moron who really should just shut up.

You get smacked down by kodave.

Then you throw out some weak shit about BA standing for Business Admin. Then when you get smacked down by people, you claim to have a 98% average at some second rate school. (second rate school might have been added by me. But I'm pretty sure I'm right.)
 
Wow. Came here for ECA discussion, instead got hilarious posts with some dude thinking BA doesn't stand for Bachelor of Arts and then defending himself with his grades.
 
I see this thread has become quite the constructive forum since I've last visited.


It comes down to this. Apparently the ECA are not breaking any laws. Does that mean they haven't acted shady and with little to no tact? No.

But if you no longer want to be a member...simply write them a letter, send it out certified...and be done with it. After you've tracked that the letter has been delivered to them and/or you've received a confirmation letter from the ECA...simply call your bank /CC company and let them know some of the details to block any future charges from the ECA afterward.

It's as simple as that.
 
[quote name='SmileyMcSmiles']I see this thread has become quite the constructive forum since I've last visited.


It comes down to this. Apparently the ECA are not breaking any laws. Does that mean they haven't acted shady and with little to no tact? No.

But if you no longer want to be a member...simply write them a letter, send it out certified...and be done with it. After you've tracked that the letter has been delivered to them and/or you've received a confirmation letter from the ECA...simply call your bank /CC company and let them know some of the details to block any future charges from the ECA afterward.

It's as simple as that.[/QUOTE]

Too complicated. No deal!
 
[quote name='zohar']Wow. Came here for ECA discussion, instead got hilarious posts with some dude thinking BA doesn't stand for Bachelor of Arts and then defending himself with his grades.[/QUOTE]

lol yeah. I just got the same thing.
 
[quote name='zohar']Wow. Came here for ECA discussion, instead got hilarious posts with some dude thinking BA doesn't stand for Bachelor of Arts and then defending himself with his grades.[/QUOTE]

The 98% was on college grade math and physics, which is unrelated to the topic at hand but the person did say I was an idiot.

Now then, go back to playing with your cartoon cocks.
 
[quote name='AdultLink']The 98% was on college grade math and physics, which is unrelated to the topic at hand but the person did say I was an idiot.
.[/QUOTE]

I stand by it. And the more you say, the more it's proven to be true.
 
[quote name='AdultLink']The 98% was on college grade math and physics, which is unrelated to the topic at hand but the person did say I was an idiot.

Now then, go back to playing with your cartoon cocks.[/QUOTE]
Im really starting to think your the one thats unnaturely obsessed with cartoon cocks and just pent up full of rage you yourself don't infact have a cockmas avatar.
 
Hmmm. I was pretty sure of myself on interpreting CT's law, but that was before I heard about the college grade math and physics. Perhaps I should just find a cartoon cock to play with.
 
[quote name='blissskr']Im really starting to think your the one thats unnaturely obsessed with cartoon cocks and just pent up full of rage you yourself don't infact have a cockmas avatar.[/QUOTE]

LOL. No, it may or may not be closer to the fact that I don't take anyone here seriously, and feel the need to talk down on you like you are children.

Is that better counselour?
 
[quote name='AdultLink']LOL. No, it may or may not be closer to the fact that I don't take anyone here seriously, and feel the need to talk down on you like you are children.

Is that better counselour?[/QUOTE]

Seriously? Since you are such a big man, why don't you act like the big man and quit bickering like a child?
 
Don't worry about AdultLink guys; if you're banging your head against the wall trying to get him to understand rational arguments, don't waste your time.

He basically trolled the SHIT out of the vs. forums here. It got to the point where nobody took him seriously because his arguments made no sense at all, so he stopped posting on there.
 
[quote name='catabarez']Seriously? Since you are such a big man, why don't you act like the big man and quit bickering like a child?[/QUOTE]

Would kill the spirit of cocksmas (acting like an asshole) wouldn't it? Afterall, according to the 'counselour' below, I have an obsession, don't I?
 
[quote name='AdultLink']Would kill the spirit of cocksmas (acting like an asshole) wouldn't it? Afterall, according to the 'counselour' below, I have an obsession, don't I?[/QUOTE]
How about just ignore it? Arguing over the internet is pointless and this thread is about the ECA, so please stop.
 
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