Don't ban people for no reason

[severe garden]

Firstly, I would like to say this message is for the Kards developers.

I was banned from KARDS without warning, in direct contradiction to your published Roping Policy, which states a warning will be issued first. I play on mobile and I have never botted or used cheats.

This is not the first instance of this happening as I've talked to at least 3 other mobile players who have also been seemingly banned for no reason.

Under Icelandic and EEA law (e.g., the Unfair Commercial Practices Directive and Iceland’s consumer protection acts), enforcement of Terms of Service must be transparent, fair, and not misleading. (Even though Iceland is not part of the EU, they are still part of the EEA and are, as such, legally bound to implement E.U. customer protection laws)

I request a full explanation and reinstatement, along with game logs with proof of my ban. While the game policy states that users can be banned for abuse or misconduct, even at the developers discretion, EEA law does not permit companies to publish enforcement procedures and then ignore them. Promising a warning and then banning without one may constitute a misleading practice under Article 7 of Directive 2005/29/EC and a violation of good faith enforcement under Icelandic contract law.

If not, I will be filing a formal complaint with Neytendasamtökin, the Icelandic consumer protection body.

[narrow fossil]

👀

[inner rune]

So... Is the suggestion to not ban people, or is the suggestion to unban you?

[frank herald]

"Promising a warning and then banning without one may constitute a misleading practice under Article 7 of Directive 2005/29/EC and a violation of good faith enforcement under Icelandic contract law"

The official warning is only for roping, it says so clearly in the screenshot, if you were banned for other illegal behaviors such as botting, then no warning is promised

the kards terms of use says "1939 Games may terminate any User’s access to all or any part of the Service, with or without cause, with or without notice, effective at any time."

[raven harness]

Remind me not to piss this guy off in a courtroom

[severe garden]

while that is true, Under Directive 2005/29/EC (Unfair Commercial Practices Directive) and related Icelandic consumer laws:

Businesses must act fairly and transparently.

False or misleading reasons for banning users may be considered unfair commercial practices.

Consumers have the right to information about decisions that affect their access to services.

Enforcement must be consistent and not arbitrary.

They are still legal bound by such laws being part of the EEA and do not have free reign to ban the consumers they please as it counts as denial of service.

[severe garden]

My suggestion is not to unban anyone but to be fair and impartial when enforcing bans. They should include A) Time frame of the offence B) Reason for the offensive WITH evidence like logs and C) Ways to proceed, instead of justing banning you out of nowhere for no reason given

[severe garden]

From my understanding of law, I think the Consumer protection laws override any game policy if it leads to denial of service by the consumer. Don't take my word for it, I will consult NS tomorrow to see what they say.

[wispy wedge]

1939 doesn't communicate anything, ever, at all, to anyone.

[severe garden]

Yeah which is why you need to contact the consumer protection agency in Iceland, NS if they ever try anything

https://ns.is/en/ here is the link, you can only contact them on Wednesday, only contact them after you've given 1939 a fair time *(7-9 business days) to respond

[cinder sphinx]

“We will take away the elite card reward for a portrait even though LITERALLY NO ONE WANTS THIS and not say anything about it to EVERYONE SAYING THEY DO NOT WANT THIS”

[proper hound]

How is the payment going?

[frank herald]

which payment

[proper hound]

I misremembered him saying not being paid by winning tournament cash.

I think it was other people