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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Ok folks, either get constructive or the Mods will shut this down. Take this to some pissing contest thread so we can move our attention back to the ECA.
 
[quote name='WormFOODx']Ok folks, either get constructive or the Mods will shut this down. Take this to some pissing contest thread so we can move our attention back to the ECA.[/QUOTE]

Agreed...

I still don't quite understand how we can agree to be lied to by agreeing to the TOS...

Christ, the fact that an activist group did this makes me even more enraged.
 
[quote name='WormFOODx']Ok folks, either get constructive or the Mods will shut this down. Take this to some pissing contest thread so we can move our attention back to the ECA.[/QUOTE]

Alright, anyone wanting to argue with me, do it in PM.

I will say this though. When in Rome, do as the Romans do. I talk to you guys the same way I talk to anyone who goes to /b/, gamefaqs, or any other mindless cesspool.
 
[quote name='AdultLink']Alright, anyone wanting to argue with me, do it in PM.

I will say this though. When in Rome, do as the Romans do. I talk to you guys the same way I talk to anyone who goes to /b/, gamefaqs, or any other mindless cesspool.[/QUOTE]

Shut the fuck up.
 
All I really want to see is an organization that fights for my rights as a gamer. Be it reform or restructuring, something has to be done with the ECA. Just like many other people, this entire situation reminded me of the days I worked as a telemarketer. They're bringing back the cancellation button, and this time it'll work. But once they've purged out of all those who complain, they'll be able to do what they want again. So in the end, more than half of the people complaining will cancel their membership and be done with it. But if the ECA survived two years with so little members, it's not going to go down suddenly because CAG quits. Which makes me wonder why this argument is still going on.

PS: Even though you're arguing about CT law, I don't think you've read the part that was clearly stated after what you're quoting, which if anything, says that they only need to notify you of anything 15 days before the next term. So unless your membership is ending in 14 days, I don't really see what the point is. And you keep on saying 'may' means they're forced to do so and accept it because we say so. Seriously, anybody that knows English must know the difference between 'may' and 'must.'

They used to let anyone cancel by phone before this mess. I'm not sure why they just don't bring that back. We all have phones.
 
[quote name='Interfeci']They used to let anyone cancel by phone before this mess. I'm not sure why they just don't bring that back. We all have phones.[/QUOTE]

But now they have a shit ton larger member base because of the GIMAG code, so they can't handle that by phone with their small staff.

At least with letters they can throw them in a pile and process them once a week or something. I suppose they could theoretically do the same with email cancellations.

And obviously online cancellation is the most effective method, but also the easiest method for people to use, thus they have the greatest chance of losing more members.
 
[quote name='kodave']But now they have a shit ton larger member base because of the GIMAG code, so they can't handle that by phone with their small staff.

At least with letters they can throw them in a pile and process them once a week or something. I suppose they could theoretically do the same with email cancellations.

And obviously online cancellation is the most effective method, but also the easiest method for people to use, thus they have the greatest chance of losing more members.[/QUOTE]

Understandable. I guess this also coincides with the fact that they state "The ECA was built as a web-based association, so in theory our physical location isn’t as important, but our headquarters are in Wilton, CT (about an hour outside of Manhattan)."

That theory seems to have died when the USPS was introduced.
 
Holy crap -- I go away for 48 hours over the weekend and more than 45 new pages appear! Go CAG! I've tried my best to skim through, but I'm sure I didn't catch everything.

So, since Gypsyfly has turned up, and we have another ECA supporter here in "X Famous X", I'd like to throw out the question that I put to the other ECA supporter (ElektroDragon) who showed up on Thursday. He never answered, but I would still like an answer, if anyone else among the ECA supporters would care to provide it. And yes, I really am listening, if any of you have any real answers to provide.

Below is the initial post that I made, and my second post elaborating on it (I realize the questions are more implied than directly stated in these, but you should get the idea). If you want to know why I'm upset with the ECA, beyond the current immediate issue (which is a very big deal, but only compounds my existing dissatisfaction), it's all right here. The Amazon codes disappearing didn't bother me (I understood when I joined that they could go away), but as a paid member who expected to see some sign of where my money is going, it greatly distresses me that I am unable to answer these questions. Please shed some (real) light on these issues for me.

[quote name='arcane93']Really? Please elaborate. I've tried to find real info about what they actually do (as in actual actions and accomplishments, not position statements and interviews) on their site, and asked in their forums, and I never have gotten any real answer. Believe me, before all of this, I wanted to take them seriously. I just couldn't find a reason to do so.[/QUOTE]

[quote name='arcane93']Here's the thing -- he can't. I have asked this question again and again, both here and on their forums, and the most answer that I ever get is "read the website" -- despite the fact that I have noted each and every time that I had already done so. I have been all through the website -- I see lots of position statements, and I see petitions (including one very poorly planned generic petition to Congress linked on the front page asking them in very vague terms to "protect the rights of gamers" -- who thought that was a good idea?). When I go to the forums, I see links to interviews and some discussion amongst members. So sure, there's a lot of talk about what the issues are, and that's great.

What I don't see anywhere is anything about what actions the ECA actually is taking or what they've actually accomplished. Nothing. And when I asked on the ECA forums, I was directed to a lot of smoke and mirrors. One person (GamesLaw, I believe) directed me to a several-year-old forum post by Hal Halpin himself in which he stated that he can't tell us what they're doing because then their enemies would know too (paranoid much?). Another person (Gypsyfly) gave me a bunch of links to those same position statements and petitions that I mentioned earlier -- again, great, I'm glad you have positions, but that doesn't tell me what you're doing. A third one (the infamous KN, who is the first apparently actually mod sanctioned troll I've seen on a forum) called me a "front page tard who can never hope to fit into our community" for even asking. Um, ok, sure -- with that attitude, I don't want to be a part of your "community". Thanks.

Likewise, in a post in the former ECA thread here, Gypsyfly actually had the nerve to say that members need to do "research" to know what the ECA is doing. You know what? No. Part of the purpose of any advocacy organization is to educate and keep their members informed. The ECA has massively failed in that respect. I shouldn't have to dig through a forum site looking for any sliver of information that I can manage to find in order to simply know what the organization that I've joined is up to. I should be receiving regular updates from the ECA -- not general gaming industry news, but specific ECA news telling me what they've got going on.

And there's the problem. The ECA makes themselves look very good on the surface. They put important sounding position statements up on their site, which I'm pretty sure that the majority of us who play games would agree with. Hal writes articles in magazines like Game Informer about how these issues are so very important. They put out several newsletters of general gaming industry news, the information in which, I'm sure, is largely (and probably through automated means) culled from other sources and available elsewhere. But try to go beneath that, and find out what advocacy work they're actually doing (other than writing about how the issues are really important), how they're actually affecting those issues, and what they're accomplishing, and you hit a brick wall.

Honestly, even if I wanted to be more actively involved in the ECA's work, I wouldn't know how to even begin. Other than providing a few lame web petitions for me to sign and collecting my membership dues, they have provided no means for me as a member to be involved. Unless, apparently, I'd like to do some "research" first.

And yet all that their staff and their apologists like this guy can do is run off these generic lines about the "important" work that they're doing, and spout insults at those who ask questions. I'm honestly baffled -- are these people somehow seeing what I'm not, or are they the ones who only look at the surface?

Really, I tried. Yes, the Amazon discount was what enticed me into actually taking the leap and joining, but I also had an interest in some of their issues. I really wanted them to be a good, legitimate organization that I would be proud to be a member of. But the entire attitude, even before all of this went down, has completely turned me off to them.

At this point, I don't think anyone can answer that question about what they've done for us, because honestly, I don't think anyone actually knows.[/QUOTE]

In many ways, I should have been the perfect model for the type of member that benefits like the Amazon codes were designed for -- the Amazon codes drew me in and got me to actually join, but I was also interested in hearing what the ECA had to say. The ECA, though, dropped the ball big time on their end, by not providing the follow-through to draw me in further. And that is why I did not want my account to be auto-renewed -- I wanted to see some proof of the real value of the ECA before committing to any additional money.

I've seen a couple of references to people receiving monthly newsletters in recent posts. I definitely had the option checked in my profile to receive the monthly newsletter (I did not want the daily ones, which are to my understanding mostly not directly ECA related and are more content than I want to deal with), but in the time that I have been a member, I have never received one. I check my spam box regularly, so I am certain that it has not ended up there either. Beyond that, though, if there is a newsletter that clears any of this up, why is it not visibly and openly posted on the website?
 
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Jesus Christ did this thread turn to crap. Let's discuss hair products that Hal Halpin uses instead. How DOES he get those long, luscious locks???
 
[quote name='Vegan']Jesus Christ did this thread turn to crap. Let's discuss hair products that Hal Halpin uses instead. How DOES he get those long, luscious locks???[/QUOTE]

By regularly attending Renaissance Fairs.
 
In regards to this whole legal/illegal mess there is one part that does pertain to whats going on, and it has nothing to do with having a right to cancellation by email, online or anything like that, its simply the part that says 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."

The expiration of the time period for cancellation set by the eca is 30 days before renewal, and thus B is earlier than A. So we must be notified 15 days before that date, which is 45 days before our renewal. Whereas the eca notifies us only 30days before.

That said, since they did offer an option to turn off auto renewal(which is not the same as canceling a membership I would think, and therefore not covered by the TOS presently). And they did not send out a message to me about the option having been faulty, or negated or whatever(I have every newsletter since sept 22). They cannot hold me responsible for part of their website malfunctioning.

Regardless VISA already told me that my card provider will side with me in this case, and my bank told me the same.
 
[quote name='manumana10']In regards to this whole legal/illegal mess there is one part that does pertain to whats going on, and it has nothing to do with having a right to cancellation by email, online or anything like that, its simply the part that says 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."

The expiration of the time period for cancellation set by the eca is 30 days before renewal, and thus B is earlier than A. So we must be notified 15 days before that date, which is 45 days before our renewal. Whereas the eca notifies us only 30days before.[/QUOTE]

EDIT: I missed section 4 of the ECA TOS that says we have to notify them we won't be renewing 30 days before our membership contract expires.

So yeah, you're absolutely right, they have to notify us 45 days before our renewal date.

My bad for misunderstanding where you were coming from in the first instance. Good work. So now we know that Part B applies, but none the less there's still no proof that the ECA has violated that.
 
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[quote name='TLPRIME']This thread went into full on retard mode about 20 pages ago.[/QUOTE]

Everybody knows you never go full retard...
 
I'm a little worried about what he is trying to measure with his fingers.

Nice find MrBeatDown. First time I've seen this article. But then again it could have been mentioned 20 pages ago and I just missed it.

hal1gdc-thumb-640xauto-3981.jpg
 
[quote name='Squarehard']I'm a little worried about what he is trying to measure with his fingers.

hal1gdc-thumb-640xauto-3981.jpg
[/QUOTE]

I sense a caption that picture game coming on....
 
[quote name='Squarehard']I'm a little worried about what he is trying to measure with his fingers.

Nice find MrBeatDown. First time I've seen this article. But then again it could have been mentioned 20 pages ago and I just missed it.

hal1gdc-thumb-640xauto-3981.jpg
[/QUOTE]

Looks like he found a crab and he's breaking the news gently. Nice guy.
 
[quote name='MrBeatdown']http://arstechnica.com/gaming/news/...p-their-attack-describe-exploits-cry-scam.ars

Is that new? I haven't seen it posted yet. I think that's the first article I've seen where our side of the story is actually covered.[/QUOTE]

This is the best part of that article:

Jason Anderson is the Director of Public Relations of the ECA, and we contacted him with the information we were sent. We suggested that clearing this up would be a simple matter of providing details connecting the exploits to members who were repeatedly canceling and then re-upping their membership. If people knew what the group was protecting itself against, it would go a long way to re-establishing trust.

We ended the note by saying that the information we were receiving about the Amazon exploit and the problems described in the ECA statement didn't match up. We were promised some information in a few days. What we finally received was updated information on membership benefits and policies.
Though arstechnica seems to get mixed reviews for its reporting credibility, I love that they called out the ECA on the logic gap in the member-abuse-cancellation explanation, and the ECA didn't answer it!


I think that pretty much confirms Hal either misunderstood what someone else in the organization told him about the Amazon exploits, or literally, Hal and/or someone in the organization just made the whole thing up.


Fantastic!
 
[quote name='kodave']No, that's not exactly right.


With the statute in question, part B would apply because the date on which the auto-renew can no longer be canceled is earlier than the end date of the contract.


For the ECA, there is no separate date on which to cancel auto-renewal. The auto-renewal date is the same date as the expiration of the contract.

[/QUOTE]

according to section 4 of the terms and conditions of the eca:

"Unless Member notifies ECA that he or she does not wish to renew membership in the ECA Service pursuant to Section 6 of this Agreement at least 30 days prior to the end of Member’s Membership Term, then ECA will automatically renew membership at the end of each Membership Term as authorized upon enrollment and bill the then-current renewal Service Fee to the designated billing source."

does that not constitute a separate date on which to cancel auto-renewal?(not arguing serious question on your perspective)
 
[quote name='TLPRIME']Don't think this has been posted yet either. If it had....sorry...Hard to keep up with the volume of posts. lol

http://cc.bingj.com/cache.aspx?q=ec...7&mkt=en-CA&setlang=en-US&w=71b94bc7,9f7f444a[/QUOTE]

That's another good article, but I wonder why 411mania.com Games removed it? The author that first wrote about this debacle on that website did a good job too. I have no idea if it's the same author as the person who wrote that news update, and I'm honestly too lazy to check.
 
[quote name='manumana10']according to section 4 of the terms and conditions of the eca:

"Unless Member notifies ECA that he or she does not wish to renew membership in the ECA Service pursuant to Section 6 of this Agreement at least 30 days prior to the end of Member’s Membership Term, then ECA will automatically renew membership at the end of each Membership Term as authorized upon enrollment and bill the then-current renewal Service Fee to the designated billing source."

does that not constitute a separate date on which to cancel auto-renewal?(not arguing serious question on your perspective)[/QUOTE]

Yeah I think I edited my OP on that reply as you were typing your response.

I did miss Section 4 of the TOS, so you're absolutely right. Provided ECA falls under that law, they have to send us our notification 45 days before the end of our membership period.

None the less, theres still no evidence they've broken this law if it does apply to them, despite them touting the 30 day notice, because I'm not aware of anyone who has stepped forward to say their membership renewal came up lately and they didn't get a 45, or at worse, a 30 day warning email.

Good work on catching that though. My bad for missing it the first time.
 
[quote name='kodave']Yeah I think I edited my OP on that reply as you were typing your response.

I did miss Section 4 of the TOS, so you're absolutely right. Provided ECA falls under that law, they have to send us our notification 45 days before the end of our membership period.

None the less, theres still no evidence they've broken this law if it does apply to them, despite them touting the 30 day notice, because I'm not aware of anyone who has stepped forward to say their membership renewal came up lately and they didn't get a 45, or at worse, a 30 day warning email.

Good work on catching that though. My bad for missing it the first time.[/QUOTE]

I don't disagree, they likely haven't broken it yet. Simply saying it is relevant. I know a few people have voiced concerns over the fact that if they stick to the 30 days they claim, that when people that aren't keeping up with this stuff(and have no idea whats going on) receive notice it would already be too late to cancel.
 
[quote name='TLPRIME']Don't think this has been posted yet either. If it had....sorry...Hard to keep up with the volume of posts. lol

http://cc.bingj.com/cache.aspx?q=ec...7&mkt=en-CA&setlang=en-US&w=71b94bc7,9f7f444a

Kinda interesting that this is cached version of that article. 411mania apparently took it down.[/QUOTE]

Wow, that's a good one. Seems like all the info in there is accurate. Wonder why it was taken down.

Anyway, has anyone been sending things like this to sites like Kotaku or Joystiq? I'm considering it. I'm thinking the effort may be a little more worthwhile now that we actually have some other websites covering this.
 
[quote name='manumana10']I don't disagree, they likely haven't broken it yet. Simply saying it is relevant. I know a few people have voiced concerns over the fact that if they stick to the 30 days they claim, that when people that aren't keeping up with this stuff(and have no idea whats going on) receive notice it would already be too late to cancel.[/QUOTE]

But see, I don't think the ECA would ever say "Oh, you were in violation of Section 4 of the TOS" because people would hopefully look for some legal advice and assuming this statute applies, would turn around and say "You're in violation of this statute for only giving me 30 days notice as opposed to the 45 mandated by law." I'm pretty sure ECA would honor any cancellation requests made within that 30 day period simply because they probably wouldn't check their own TOS, because they think people are supposed to cancel within the last 30 days, and because the email would have told people they could still cancel, which I can only assume, legally speaking, would be seen as some sort of modification of the TOS by a judge.

I just think they honestly are internally confused on legal points such as this and probably don't realize they're possibly in violation of the law IF they only do 30 day as opposed to 45 day notices. Because whoever wrote that TOS isn't the same person handling membership issues and emails, if I had to make a wild guess.

But I know there's many out there who would disagree and think this is more evidence of the ECA being a scam.


EDIT: Also, for anyone looking to archive things in case the ECA forum comes back empty, you can do so in a limited capacity on a combination of Google, Bing, and Yahoo.

Simply type in The ECA Forums Forum Suggestions, then click the cache link in that search result.

From there, look up the title of the thread you want to save the cache of. Go back to your search box and enter the full title of the thread.

Eventually you'll be able to search something like this:

These forums are overly strict - Page 10 - The ECA Forums

And come up with this:

http://74.125.155.132/search?q=cache:wO4Pz-a0tdQJ:forums.theeca.com/showthread.php%3Fp%3D114414+These+forums+are+overly+strict+-+Page+10+-+The+ECA+Forums&cd=1&hl=en&ct=clnk&gl=us

You might have to guess on how deep the Page count went to get the best possible cache.

For instance, I think that thread there made it to 11 pages, but 10 was the best I could find in a cache.
 
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I'm glad that someone other than us picked up on the fact that their whole "this is to stop people from abusing the benefits" defense never, ever made any sense at all.
 
I'm a semester away from getting my Master's in Accounting, so I've had the same business and business law classes AdultLink has. I also have a BA (Bachelor of Arts!) in English, which means I know how to read. With my extensive qualifications, I feel confident in my conclusion that AdultLink doesn't know what he's talking about, while kodave has all this pretty much right on.

My one nit to pick is the idea that, because everyone agreed to the TOS and the TOS reserves the ECA's right to change the TOS at any time without notifying its members, the ECA has carte blanche to make whatever changes they want. Signing a contract doesn't mean anything if the contract is illegal to begin with, and the ECA still has to follow all applicable laws if or when they change their TOS. No one specifically said this, but I think some people are thinking, "We're over a barrel because we agreed to the TOS, which gives the ECA the right to do whatever they want," and that's really not the case.
 
[quote name='bigdaddybruce44']I'm glad that someone other than us picked up on the fact that their whole "this is to stop people from abusing the benefits" defense never, ever made any sense at all.[/QUOTE]
What do you mean? The defense makes perfect sense!

After all, it's a benefit in having an easy way to leave an organization that needs your money. People abused that benefit by actually attempting to exercise it :lol:
 
I'm thinking of sending this to Kotaku and Joystiq. Since I mention CAG quite a bit, I just want to run it by some of you guys first and make sure I'm representing us properly.

I know you've covered this issue already but there is actually far more to the ECA letter-only cancellation story than the ECA is claiming.

Here's a few links. One requests clarification on what Hal Halpin said in his statement. The other is a summary of events of the past few days (although this is a cached version as the original was taken down for an unknown reason).

http://arstechnica.com/gaming/news/...p-their-attack-describe-exploits-cry-scam.ars

http://cc.bingj.com/cache.aspx?q=ec...7&mkt=en-CA&setlang=en-US&w=71b94bc7,9f7f444a

Everything I've read in those articles I believe to be correct as I'm one of the forum members on CheapAssGamer who have been keeping up with the story over the weekend.

And for what it's worth, here's a blog post I wrote last week which I believe covers the issues as the majority of members of CheapAssGamer see them.

http://blogs.ign.com/MrBeatdown/2009/12/03/133417/

Having to send a simple letter is the least of our concern. Our main issues are...

1. The ECA's effort to label those with legitimate complaints as nothing more than scammers out for revenge.

2. The ECA's failure to notify members who believe they cancelled through the ECA website's non-functioning "cancel" option. I checked every daily and monthly ECA newsletter I've recieved since October 2 and there is no mention of the non-working cancel option. No effort has been made by the ECA to address this mistake that they will eventually benefit from. Despite Halpin's assertion that the non-working cancel option was only available for a brief period of time, it was actually at least a month (proof is available in my blog post), and there is evidence out there pointing to it being available for far longer.

3. The inconsistencies and misleading nature of Hal Halpin's statement.

And just to be clear, I'm a CAG member, and the GIMAG code (and the presence of the website's cancel option) convinced me to sign up for the ECA in early October. I used three Amazon codes (without using the stacking exploit), and I never made an effort to cancel even though the discount was discontinued shortly after I joined.

It would be greatly appreciated if Kotaku (I'm planning to send this same information to Joystiq as well) would continue coverage of this as myself and many members of CheapAssGamer feel that our side of the story has not been told.

Thanks,

MrBeatdown
 
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[quote name='Haggar']I hope the mods aren't offended by this, if so feel free to delete.

[/QUOTE]

I laughed for nearly two minutes...Bravo, sir! :applause:
 
[quote name='DesertLeo']I think that will do nicely.[/QUOTE]

Thanks. I was hoping for a few more responses but nobody is on right now.

I sent what I posted to Kotaku and Joystiq. Hopefully they don't ignore it.
 
This ought to be on the front page of this site.

I mean, I know it generally is given how much attention this thread is garnering, and thus generally in the right hand area, but it ought to be in the main news feed also to get more exposure.
 
[quote name='mitemouse']so do you guys think ECA can increase their dues and charge our credit cards that amount instead of the $20 or $15? Is that in their TOS?[/QUOTE]
It's in their Terms that they can change them at any time. So theoretically, they could increase the dues amount. Legally they'd have to notify you before your subscription is up for renewal however. Who knows if they actually would or not.
 
Anyways, that Ars article was great. Glad to see some of these sites questioning Hal's response.

In any case, I'm not too worried anymore. They will inevitably add an online cancellation method now, so I'll just wait for that.
 
This isn't directed at anyone in particular, but I keep hearing about how this TOS is "illegal"...

Literally the ECA can change the TOS to say whatever they want without telling us, and unless there is a specific law on point saying "You can't do this or say this in a TOS/contract," its is what it is until someone challenges it in court. The Uniform Commercial Code has been enacted by many states and has sections about good faith and fair dealing which rapidly changing a TOS may violate, but I have no idea what laws are on the books in CT about this, if they could conceivably apply to the ECA, and if a judge is indeed likely to interpret such laws against the ECA. Plus a lot would depend on how common law principles of contract law are interpreted in that state.

The ECA's TOS is shitty from the standpoint of they're supposed to be protecting consumers, but at the same time, it's a pretty standard TOS that, if I had to guess, wouldn't be legally unreasonable. Because while we feel having to send a letter to cancel seems ethically unreasonable for an online consumer group to ask of us, I'd wager that's not legally unreasonable. You'd have to get a pretty radically progressive judge to say that snail mailing a letter is unconscionable, not to mention the kind of precedent that would set (although I'm sure many consumers wouldn't mind that). It's not like we have to sacrifice a goat and then buy Hal a new house or something to opt our of our contracts.

If you really think that ECA's TOS is legally unconscionable, call up a lawyer in CT and have them start doing legal research in preparation for a case to do something about it . Otherwise crying how its "illegal" really does no one any good.

And, I think we got our point across to the ECA that their TOS sucks on an ethical level, so hopefully the new TOS will be more ethically fair to us consumers.
 
What really bugs me about the ECA (besides giving the impression that their members are a problem) is that a solution to this is simple. You create a web form in any F/OSS HTML editor, link it up to a php script that updates a simple MySQL table on the backend. You ask for a name, email address and last 4 of the credit card number you signed up with. Then, you have a temp come in for 2 days to actually process the cancellations the same way one would process a snail mail cancellation. After you're through the initial bump in cancellations, it shouldn't be a stretch for someone to monitor the table every so often and process cancellations when the number got to a certain point. Cost in software - $0. Effort to create the process (button, webpage, php, db table) - under 1 day. Cost to have a couple temps in at $9/hr - even assuming a deluge of a thousand requests, can't be more than 2 temps for 5 days - $720. That's quite a small sum to restore some ill will this whole hypocritical at best, fraudulent at worst behavior has destroyed. Screw them!
 
[quote name='DesertLeo']I believe Kotaku has been following this fiasco a bit already, hopefully more contact with them will really show how upset we all are.[/QUOTE]

Ars Technica is also following.
 
[quote name='kodave']This isn't directed at anyone in particular, but I keep hearing about how this TOS is "illegal"...

Literally the ECA can change the TOS to say whatever they want without telling us, and unless there is a specific law on point saying "You can't do this or say this in a TOS/contract," its is what it is until someone challenges it in court. The Uniform Commercial Code has been enacted by many states and has sections about good faith and fair dealing which rapidly changing a TOS may violate, but I have no idea what laws are on the books in CT about this, if they could conceivably apply to the ECA, and if a judge is indeed likely to interpret such laws against the ECA. Plus a lot would depend on how common law principles of contract law are interpreted in that state.

The ECA's TOS is shitty from the standpoint of they're supposed to be protecting consumers, but at the same time, it's a pretty standard TOS that, if I had to guess, wouldn't be legally unreasonable. Because while we feel having to send a letter to cancel seems ethically unreasonable for an online consumer group to ask of us, I'd wager that's not legally unreasonable. You'd have to get a pretty radically progressive judge to say that snail mailing a letter is unconscionable, not to mention the kind of precedent that would set (although I'm sure many consumers wouldn't mind that). It's not like we have to sacrifice a goat and then buy Hal a new house or something to opt our of our contracts.

If you really think that ECA's TOS is legally unconscionable, call up a lawyer in CT and have them start doing legal research in preparation for a case to do something about it . Otherwise crying how its "illegal" really does no one any good.

And, I think we got our point across to the ECA that their TOS sucks on an ethical level, so hopefully the new TOS will be more ethically fair to us consumers.[/QUOTE]
I don't want to really get into a legality debate, but according to that 9th Circuit ruling, a change in a TOS (or any other contract for that matter) is only a "proposed" change until it's accepted by all parties involved. There's nothing in the Terms that say we accept any future changes they decide to make, only that they have the right to propose them.

I'm not an attorney, but that 9th Circuit ruling was pretty clear. I don't necessarily think it's "illegal," but any changes in the TOS wouldn't be binding until accepted.
 
I am not writing to these idiots...they can feel free to try and automatically renew my membership next year with a credit card number that is no longer valid. Let us see if they can make up a new credit card number as someone here stated they would simply change the expiration date by themselves if the card used had expired.
 
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