Lawyer please.

[ocelot_ark]

Okay, I need some advice from one of you lawyer-types. I don’t know if this classifies as frivolous or not, but I’m so mad about this I don’t even care.

I’m a subscriber to a certain pay-site that covers high school football recruiting. I pay $10 a month, basically, so I can watch the recruit videos. This is a Yahoo company. I almost never post anything on the message boards. But, a couple of weeks ago the board was rallying against a former Arkansas All-American that was criticizing the Arkansas defense/special teams coaches. I took up for the guy…

Long story, short. I was blacklisted, for no reason, for probably 36 hours. I’ve been blacklisted over there before when I probably deserved it. Their rules are pretty strict, so tons of people probably earn a blacklisting every day, they just don’t enforce it all the time. Anyway, I was blacklisted and I couldn’t think of ANY reason they had for doing it. In email communications with the site administrator, he told me he blacklisted me “just in case.” He admitted that I hadn’t done anything wrong YET, but that he thought I WOULD based upon how the other admin had written me (derogatory). He admitted I had not broken any rules. He made a preemptive strive, I suppose.

Anyway, this pissed me off pretty bad. I told him that I wanted a public apology on the board OR a refund for all the money I’ve given them. He basically told me to get over it. He wasn’t going to do anything. So I called corporate. They were initially pretty cooperative. The woman there took down my side of the story and told me she would forward it to a producer who would research the issue and get back with me. After a week of not hearing anything I called back and left a message. She got back to me today. Basically said that I’m just ONE person and no one would do anything. Told me she had done everything she was willing to do (forwarding it on). I asked if she couldn’t contact the administrators and tell them their behavior was unacceptable. She said that wasn’t her job.

So here I stand. I just wanted an apology. NOW I’m thinking of filing a lawsuit. I am THAT upset. It’s not about being blacklisted. But they breached contract. Then they totally disregarded me. The administrators themselves broke the board rules (inflammatory speech directed towards me). I didn’t do anything. Yet I was blacklisted in direct contradiction to the terms of our contract.

So do I have a case based solely on breach of contract? I have saved the discussions, the board rules, and the codes of conduct. Reading the discussion it’s SO evident to see that I’m the one that DIDN’T break any of the rules. I know it’s a frivolous thing to argue about. But the general principal of the thing has me so pissed off, I just want to cause that company some of the same anger they’ve caused me. Can I do anything?

[u2sarajevo]

kg's a lawyer.

OP was too.

Now I'm sad.

[ocelot_ark]

I'm definitely hoping KG will chime in. I know it's not a big deal from an ACTUAL damages standpoint. Just think it's wrong that a customer is treated with such disregard.

[kg_veteran]

Ocelot - How do you think that they breached your contract?

EDIT: That wasn't a precise enough question. Let me try again...

Have you read the online agreement (terms of service) that you undoubtedly electronically agreed to when you subscribed to the website? If so, what provisions do you think that they breached?

If you want me to look over the TOS, I can do that and let you know whether you have a leg to stand on, legally speaking. It's not going to be worth your time monetarily (based upon what you've said so far), but if you're interested in the principle of the matter, first I need to see the contract.

[ocelot_ark]

Originally Posted by kg_veteran

Ocelot - How do you think that they breached your contract?

EDIT: That wasn't a precise enough question. Let me try again...

Have you read the online agreement (terms of service) that you undoubtedly electronically agreed to when you subscribed to the website? If so, what provisions do you think that they breached?

If you want me to look over the TOS, I can do that and let you know whether you have a leg to stand on, legally speaking. It's not going to be worth your time monetarily (based upon what you've said so far), but if you're interested in the principle of the matter, first I need to see the contract.

Well crap. I went back and was getting all of the information to send to you. I couldn't find my original links so I had to look them up again. I found a DIFFERENT link for the TOS and - voila:

"Subscriber-only message boards are included in many Premium Ticket subscriptions. The accepted standards of conduct in these communities, as well as our other message board communities, are determined by the publishing partner of any given site. Subscribers and registered users agree that Rivals and its publishing partners have the right to enforce these standards, including deletion of posts, blacklisting/banning users, or removing access to premium message boards with no refund to the Subscriber.

By subscribing, registering or using the sites, you agree that Rivals and or the publisher(s) and board moderators of the sites have the right, in addition to other rights, to delete your posts or blacklist you or any other user at any time, if they believe that action is in the best interest of the sites, for whatever reason, and the reason need not be disclosed."

So, I guess I'm screwed. This verbage wasn't in the other three documents I previously read. I guess I'll drop the damn thing now.

[DirkFTW]

There's only one course of action left...



Make 'em earn your $10.

[LonghornDub]

I didn't know KG was a lawyer. Interesting.

[kg_veteran]

Originally Posted by ocelot_ark

Well crap. I went back and was getting all of the information to send to you. I couldn't find my original links so I had to look them up again. I found a DIFFERENT link for the TOS and - voila:

"Subscriber-only message boards are included in many Premium Ticket subscriptions. The accepted standards of conduct in these communities, as well as our other message board communities, are determined by the publishing partner of any given site. Subscribers and registered users agree that Rivals and its publishing partners have the right to enforce these standards, including deletion of posts, blacklisting/banning users, or removing access to premium message boards with no refund to the Subscriber.

By subscribing, registering or using the sites, you agree that Rivals and or the publisher(s) and board moderators of the sites have the right, in addition to other rights, to delete your posts or blacklist you or any other user at any time, if they believe that action is in the best interest of the sites, for whatever reason, and the reason need not be disclosed."

So, I guess I'm screwed. This verbage wasn't in the other three documents I previously read. I guess I'll drop the damn thing now.

Yeah, you're screwed.

That's the reason I asked about the TOS, because I expected such language to be present. The best way you can get back at them is by canceling your subscription -- unless, of course, you want to watch the videos. In that case, I guess you'll just have to put up with being blacklisted until they see fit to let you post again.

EDIT: Of course, you could cancel and then sign up under another account, but that's the sort of thing that only happens at d-m.com, right?

[kg_veteran]

Originally Posted by LonghornDub

I didn't know KG was a lawyer. Interesting.

Hopefully you don't think too much less of me now.

[jthig32]

Originally Posted by kg_veteran

Hopefully you don't think too much less of me now.

He's in law school, so I would hope he doesn't.

[sike]

I knew kg was a lawyer...but I have entirely different reasons for thinking less of him....and until the day he comes clean, I'll never think highly of him again!!!

[Usually Lurkin]

Originally Posted by LonghornDub

I didn't know KG was a lawyer.

neither do most of his clients.


oooh.

[LonghornDub]

Originally Posted by jthig32

He's in law school, so I would hope he doesn't.

Perhaps. Or maybe I'm self degredating and think less of both him and myself.

Nah, that's awesome KG. Where do you practice--Dallas?