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I used to practice law, so the process is a little more natural for me. Summary: 1. I read the terms of service that I originally agreed to. Found a requiremen
by sowbug 5y ago
I used to practice law, so the process is a little more natural for me. Summary:
1. I read the terms of service that I originally agreed to. Found a requirement to first negotiate any dispute with their general counsel in good faith. So I wrote to them explaining that I declined the change in ToS terms, and asked for a refund of everything I'd purchased in connection with the headset, plus the dollar amount that it added up to. Sent by registered mail. Waited a few months, got no response. This was summer 2020.
2. Filed a support ticket basically saying the same thing. I got very prompt responses but of course they were templates -- sorry, 30-day return window has expired, please create FB account, etc.
3. Drafted up the small-claims complaint. This is actually a very easy and short form in California.
4. Sent a courtesy copy of the complaint to Oculus general counsel. This can sometimes get their attention and resolve things right away without involving the courts. No response.
5. Filed the complaint, then served Oculus/FB at their Sacramento address for their registered agent for service of process. This cost something like $100 (filing + service).
6. Got a summer 2021 court date.
7. Sent them another courtesy reminder that the court date was approaching and asked to resolve before trial.
8. In the late spring of 2021 got some activity on the support ticket saying sorry for the delay, please dismiss the case, we'll send you the $$$ plus a box to ship back the goggles.
9. I accepted their offer, shipped the stuff back, got the $$$, and filed a dismissal of the case.
Total wall clock time > 1 year. Actual human time on the case probably 5 hours. Out of pocket expenses about $100, which I added to the settlement demand, and which they paid. So I ended up back where I started before the Oculus Quest purchase, except for the time I lost writing the court papers and support/legal communications. Which is what I wanted and expected.
As I hope you can tell, I wasn't angry or out for revenge. I just didn't want the FB account requirement, and I especially didn't like that they tried to change the contract terms after we had a deal. It was just a business deal to me, and that takes pretty much all the emotion out of it, which can make many legal cases easier to resolve.
- djbusby 5y agoAwesome and detailed response. Appreciate you taking the time.
- Cpoll 5y agoWhat's the worst-case scenario here? What would have happened if they met you in court? What would have happened if they won?
- redis_mlc 5y agoIt would have cost the company thousands in legal fees, subjected the company to wide-ranging interrogation under oath and the case entered in public records. It's the latter two that really gets their attention, as a customer dispute escalated into the business affairs of the top of the company where there's actual consequences. For him, some time and possibility of dismissal.
- sowbug 5y agoHere's where I'd suggest hiring a real lawyer (currently practicing as a litigator in California) for an assessment, but here's my guess. Worst case is I lose in court, which is just wasted time and $100. There's no further downside than that, since they didn't countersue (and couldn't have). In that case, I'd keep my goggles and have the choice whether to throw them away, sell them, or suck it up and do the Facebook account thing. Or wait until today and learn that they'd dropped the requirement.