Montgomery, AL asked in Gaming and Internet Law for Alabama

Q: Despite a no-refund policy, is it legal to refuse a refund for underperforming cloud gaming on gigabit internet?

My connection is perfect, yet the cloud gaming software almost makes me sick it's so laggy. I can use other cloud gaming software just fine. They are refusing to refund me, even though I've proven the issues exist. Is it legal to deny a refund? If so, which law? They are based in France, I am based in AL, US. Should I do a chargeback?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA

A: In situations where a product, including cloud gaming services, underperforms despite the consumer having the necessary technical setup, the legality of refusing a refund can be complex. It largely depends on the terms of service agreed upon at the time of purchase and the consumer protection laws applicable in your jurisdiction. Since the company is based in France and you are in Alabama, U.S., there may be differences in consumer rights and legal protections.

Alabama's laws may offer certain consumer protections that could potentially apply to your situation, especially if the service is deemed to be defective or not as described. However, international transactions introduce an additional layer of complexity, as you might also be subject to the laws of France, where consumer rights may differ. It's important to review the terms of service you agreed to, as these often include clauses about dispute resolution and the conditions under which refunds are provided.

Before proceeding with a chargeback, it might be worth exploring alternative dispute resolution options mentioned in the service agreement, or contacting consumer protection agencies for guidance. Chargebacks can have significant implications, including potential blacklisting by the service provider. If you decide to pursue this route, ensure you have documented all correspondence and evidence of the service's underperformance to support your claim. Consulting with legal counsel knowledgeable in international consumer law might also provide clarity on how best to proceed based on the specifics of your situation.

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