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Introduction:
Dear forumers,
My son plays on an online platform called Roblox. On this platform, one can buy digital items such as clothes, hats, and many other digital items.
However, you must purchase these digital goods via Robux. This is the digital currency on the Roblox platform which you can also exchange back into real money.
The rate is 285 pound sterling against 100,000 Robux. This is relevant because it means that the digital goods on Roblox have value in real money.
(Especially because these items fetch a lot of money on the Roblox platform and on third-party platforms (up to thousands of Pounds and more!)
The problem I am facing:
As a parent living in the European Union (Belgium). I was responded to negatively by the Roblox Customer Service team after my sons' account was compromised.
I was looking for a restoration of the items lost, which were siphoned away from my sons' account to the perpetrator'account.
According to the former team, there are no consumer laws within my jurisdiction (Belgium) or the European Union. Which can be used to force Roblox to intervene.
The current Roblox policy of lost items courtesy of an account compromise reads as follows:
"Unless required by law, Roblox is under no obligation to assist users whose accounts have been compromised.
Roblox does not guarantee that an individual’s account will be restored to its previous state, or that Roblox will be able to recover lost virtual items or virtual currency.
Only in very limited circumstances, Roblox may be able to offer compromised account owners the ability to recover lost inventory or the approximate value of that inventory.
In case your account is compromised, and you seek assistance, you must contact Roblox within 30 days of compromise.
For more information and to seek assistance, contact Customer Support."
The text in bolt is the most important clause within Roblox's policy. Because a Roblox player whose items were compromised will only be able to get those back from the Costumer Service team if there is adequate consumer law in the jurisdiction protecting the player.
I have already consulted with a lawyer who couldn't find any relevant law in Belgium or the EU, to be used against Roblox's policy. The main gist why is:
Belgian and EU consumer law only accounts for ‘goods with digital elements’. This means goods that have any digital content or digital service that is incorporated in or inter-connected with such goods.
It doesn't mean entirely digital goods such as Roblox items. It means tangible, physical goods with digital elements. A Nintendo would fall under this, but Roblox items do not.
As such, relevant consumer law like the following protections by the EU are entirely nonrelevant.
My question in short:
Since my son is being shafted courtesy of cleverly written Roblox policy. I was wondering if children in the United Kingdom are also screwed over due to this policy.
I have done some research and have only been able to find some relevancy in the Consumer Rights Act 2015. This is of course based on a foreign, non-legal background. So my research are not up to par compared to actual UK-based legal workers;
Hence why I would love to answer any further questions regarding this topic and hopefully learn some more from knowledgeable people.
Sincerely,
David
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