Chronicles of Elyria Lawsuit Provides Lengthy Update of Status

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Chronicles of Elyria Lawsuit Provides Lengthy Update of Status

In a lengthy update on the official Discord, the class action lawsuit for Chronicles of Elyria claims that Xsolla are not honoring refund requests.

Read the full story here

Tiller

They probably have no money to give as a refund. I expect bankruptcy next. I remember when this game was a concept and though that it seemed interesting, but knew it would never happen. Looks like I was right.

Wellspring

Thanks for the update!

Anyone else having trouble viewing the discord links?

calibek

While I feel bad for people who lost money on this game this is one of the main reasons I NEVER put money down on any type of game until a street date is announced and it comes close to that date. Unless there is something special they are offering like early access or free gift or something it doesn't pay to put my hard earned money down early. Stuff like this is why I don't trust most companies anymore.

MightyUnclean

If Xsolla is actually doing something illegal, isn't there an avenue for reporting them to the proper authorities?

Nilden

So long story short they took 8 million dollars over four years, delivered nothing, and are getting away with it...

Aeander

Nilden said:

So long story short they took 8 million dollars over four years, delivered nothing, and are getting away with it...

Which still makes them the baby version of Star Citizen.

Kyleran

MightyUnclean said:

If Xsolla is actually doing something illegal, isn't there an avenue for reporting them to the proper authorities?

At best it's a gray area which a lawsuit might prevail, at worst it like trying to sue Visa to return the money you directed them to send to someone.

My guess is since no lawyers are jumping at the opportunity there's little hope a suit would prevail.

Abimor

Xsolla is what it is a payment method I agree that if the game is closing tomorrow they shouldn't be taking money today, But unless the crooks told them how would they know? I would think that every cent that has not been payed out to the company Xsolla should refund that makes sense but you cant really blame them for taking someones money it is time for some personal responsibility. I have had tremendous luck with kickstarter but have been burned twice once by the crooks who re-branded shards to some uo clone and by grim brothers on dragon fin soup it was my mistake for trusting them not some third party company.

Slapshot1188

I believe the issue is that Xsolla has a refund policy which they are trying to claim does not apply because SBS delivered content.

https://media.discordapp.net/attachments/692256804360683572/724613306723336543/unknown.png

Kyleran

Slapshot1188 said:

I believe the issue is that Xsolla has a refund policy which they are trying to claim does not apply because SBS delivered content.

https://media.discordapp.net/attachments/692256804360683572/724613306723336543/unknown.png

Nah, see the thing is crowd funding pledges are not pre-orders, they are donations so as I said, a gray area worthy of a court decision.

Slapshot1188

Kyleran said:

Slapshot1188 said:

I believe the issue is that Xsolla has a refund policy which they are trying to claim does not apply because SBS delivered content.

https://media.discordapp.net/attachments/692256804360683572/724613306723336543/unknown.png

Nah, see the thing is crowd funding pledges are not pre-orders, they are donations so as I said, a gray area worthy of a court decision.

Except when it’s not.  Such as their receipts showing PURCHASES.  These are not the Kickstarter transactions.  This is Xsolla which handled the website transactions.  And folks have receipts showing purchases.

Kyleran

Slapshot1188 said:

Kyleran said:

Slapshot1188 said:

I believe the issue is that Xsolla has a refund policy which they are trying to claim does not apply because SBS delivered content.

https://media.discordapp.net/attachments/692256804360683572/724613306723336543/unknown.png

Nah, see the thing is crowd funding pledges are not pre-orders, they are donations so as I said, a gray area worthy of a court decision.

Except when it’s not.  Such as their receipts showing PURCHASES.  These are not the Kickstarter transactions.  This is Xsolla which handled the website transactions.  And folks have receipts showing purchases.

As I said, they'll need a lawsuit to prove that Xsolla was nothing more than a payment processor in the transaction, they didn't actually buy it from Xsolla.

If MJ decides to stop giving refunds and goes belly up, do you think PayPal will be refunding people's "purchases?"

Doubtful.

Slapshot1188

Kyleran said:

Slapshot1188 said:

Kyleran said:

Slapshot1188 said:

I believe the issue is that Xsolla has a refund policy which they are trying to claim does not apply because SBS delivered content.

https://media.discordapp.net/attachments/692256804360683572/724613306723336543/unknown.png

Nah, see the thing is crowd funding pledges are not pre-orders, they are donations so as I said, a gray area worthy of a court decision.

Except when it’s not.  Such as their receipts showing PURCHASES.  These are not the Kickstarter transactions.  This is Xsolla which handled the website transactions.  And folks have receipts showing purchases.

As I said, they'll need a lawsuit to prove that Xsolla was nothing more than a payment processor in the transaction, they didn't actually buy it from Xsolla.

If MJ decides to stop giving refunds and goes belly up, do you think PayPal will be refunding people's "purchases?"

Doubtful.

Does Paypal have an actual policy that states they will refund pre-orders on games right up to the release date as long as no content has been delivered?  As far as I know, Xsolla is a specialty payment system for videogames and so they have (or claim to have) specific protections that other companies (Visa... Paypal) may not.

I actually think these guys have a better chance of winning against Xsolla than against Walsh because Xsolla theoretically has money where Walsh theoretically does not.  I always said they needed to tag another party like this or Kickstarter in order to attract a lawyer. Lawyers want to be paid.

Vrika

Kyleran said:

Slapshot1188 said:

Kyleran said:

Slapshot1188 said:

I believe the issue is that Xsolla has a refund policy which they are trying to claim does not apply because SBS delivered content.

https://media.discordapp.net/attachments/692256804360683572/724613306723336543/unknown.png

Nah, see the thing is crowd funding pledges are not pre-orders, they are donations so as I said, a gray area worthy of a court decision.

Except when it’s not.  Such as their receipts showing PURCHASES.  These are not the Kickstarter transactions.  This is Xsolla which handled the website transactions.  And folks have receipts showing purchases.

As I said, they'll need a lawsuit to prove that Xsolla was nothing more than a payment processor in the transaction, they didn't actually buy it from Xsolla.

No. If payment processor promises refunds in their terms of service, then payment processor must give that refund out of their own money.

Kyleran

Vrika said:

Kyleran said:

Slapshot1188 said:

Kyleran said:

Slapshot1188 said:

I believe the issue is that Xsolla has a refund policy which they are trying to claim does not apply because SBS delivered content.

https://media.discordapp.net/attachments/692256804360683572/724613306723336543/unknown.png

Nah, see the thing is crowd funding pledges are not pre-orders, they are donations so as I said, a gray area worthy of a court decision.

Except when it’s not.  Such as their receipts showing PURCHASES.  These are not the Kickstarter transactions.  This is Xsolla which handled the website transactions.  And folks have receipts showing purchases.

As I said, they'll need a lawsuit to prove that Xsolla was nothing more than a payment processor in the transaction, they didn't actually buy it from Xsolla.

No. If payment processor promises refunds in their terms of service, then payment processor must give that refund out of their own money.

All depends if you can find a court to agree with your assertions.

Iselin

Nilden said:

So long story short they took 8 million dollars over four years, delivered nothing, and are getting away with it...

Of course they're getting away with it.

The system is designed so you have to jump through hoops like class action lawsuits to try to get anything back and even if the lawsuit succeeds there is still no guarantee you'll get anything out of it.

Just who do you think makes the rules? The consumers?

Abimor

Slapshot1188 said:

I believe the issue is that Xsolla has a refund policy which they are trying to claim does not apply because SBS delivered content.

https://media.discordapp.net/attachments/692256804360683572/724613306723336543/unknown.png

After reading that I agree they should probably get a refund unless something was delivered like artwork or website access. on top of that it is really annoying how no place has a number you can just up and call and talk to a person.  It is a tough spot you want to be optimistic that that this great concept for a game can be delivered the way they say it will you just have sometimes take a risk and write that money off.    

Slapshot1188

Abimor said:

Slapshot1188 said:

I believe the issue is that Xsolla has a refund policy which they are trying to claim does not apply because SBS delivered content.

https://media.discordapp.net/attachments/692256804360683572/724613306723336543/unknown.png

After reading that I agree they should probably get a refund unless something was delivered like artwork or website access. on top of that it is really annoying how no place has a number you can just up and call and talk to a person.  It is a tough spot you want to be optimistic that that this great concept for a game can be delivered the way they say it will you just have sometimes take a risk and write that money off.    

Most of these are specific purchases of things like in-game pets, items, resources.  They literally sold in-game items in the store, before the game was even in Alpha.  And people spent millions on them.  So these people did not just spend money on a game... they made a pre-order purchase for specific items.  Items that were not delivered. 

I have seen people post lists of 95 or more distinct purchases. SBS was constantly having "sales".  Not donation drives.... sales.

Vrika

Kyleran said:

Vrika said:

Kyleran said:

Slapshot1188 said:

Kyleran said:

Slapshot1188 said:

I believe the issue is that Xsolla has a refund policy which they are trying to claim does not apply because SBS delivered content.

https://media.discordapp.net/attachments/692256804360683572/724613306723336543/unknown.png

Nah, see the thing is crowd funding pledges are not pre-orders, they are donations so as I said, a gray area worthy of a court decision.

Except when it’s not.  Such as their receipts showing PURCHASES.  These are not the Kickstarter transactions.  This is Xsolla which handled the website transactions.  And folks have receipts showing purchases.

As I said, they'll need a lawsuit to prove that Xsolla was nothing more than a payment processor in the transaction, they didn't actually buy it from Xsolla.

No. If payment processor promises refunds in their terms of service, then payment processor must give that refund out of their own money.

All depends if you can find a court to agree with your assertions.

Have you heard about freedom of contract?

Businesses are entitled to choose their contract terms unless some regulation says otherwise, and there's no regulation that saying "business is not allowed to give refunds".

Kyleran

Vrika said:

Kyleran said:

Vrika said:

Kyleran said:

Slapshot1188 said:

Kyleran said:

Slapshot1188 said:

I believe the issue is that Xsolla has a refund policy which they are trying to claim does not apply because SBS delivered content.

https://media.discordapp.net/attachments/692256804360683572/724613306723336543/unknown.png

Nah, see the thing is crowd funding pledges are not pre-orders, they are donations so as I said, a gray area worthy of a court decision.

Except when it’s not.  Such as their receipts showing PURCHASES.  These are not the Kickstarter transactions.  This is Xsolla which handled the website transactions.  And folks have receipts showing purchases.

As I said, they'll need a lawsuit to prove that Xsolla was nothing more than a payment processor in the transaction, they didn't actually buy it from Xsolla.

No. If payment processor promises refunds in their terms of service, then payment processor must give that refund out of their own money.

All depends if you can find a court to agree with your assertions.

Have you heard about freedom of contract?

Businesses are entitled to choose their contract terms unless some regulation says otherwise, and there's no regulation that saying "business is not allowed to give refunds".

Not sure what to your point is.

In my state here's a piece about refunds.

"Every retail sales establishment offering goods for sale to the general public that offers no cash refund, credit refund, or exchange of merchandise must post a sign so stating at the point of sale."

I clearly recall the SBS website stating no refunds after like 14 days or something.

Now consumers in the EU have better protections but still, the purchases were from SBS not Xsolla, but hey, file a lawsuit and see if the courts agree.

Copperfield

Rhoklaw said:

I lost $500 on The Repopulation, but the game at least exists in a somewhat broken and barely playable state. I don't know if I'd classify it as a scam, but Chronicles of Elyria is most definitely a scam, that much is certain and I'm glad I never supported it.

im on the same boat with the repop.. altho i do think.. that Mr smith scammed and ran with the money from repop..

because he sold the rights to unity crew... and ran.. and now is making a new game.

50 dollar lost..

this was the turn point for me.. not buying games anymore that are early access/kickstart or whatever.. and just be patient for a launch

Kyleran

Arterius said:

Slapshot1188 said:

Kyleran said:

Slapshot1188 said:

Kyleran said:

Slapshot1188 said:

I believe the issue is that Xsolla has a refund policy which they are trying to claim does not apply because SBS delivered content.



https://media.discordapp.net/attachments/692256804360683572/724613306723336543/unknown.png

Nah, see the thing is crowd funding pledges are not pre-orders, they are donations so as I said, a gray area worthy of a court decision.

Except when it’s not.  Such as their receipts showing PURCHASES.  These are not the Kickstarter transactions.  This is Xsolla which handled the website transactions.  And folks have receipts showing purchases.

As I said, they'll need a lawsuit to prove that Xsolla was nothing more than a payment processor in the transaction, they didn't actually buy it from Xsolla.

If MJ decides to stop giving refunds and goes belly up, do you think PayPal will be refunding people's "purchases?"

Doubtful.

Does Paypal have an actual policy that states they will refund pre-orders on games right up to the release date as long as no content has been delivered?  As far as I know, Xsolla is a specialty payment system for videogames and so they have (or claim to have) specific protections that other companies (Visa... Paypal) may not.

I actually think these guys have a better chance of winning against Xsolla than against Walsh because Xsolla theoretically has money where Walsh theoretically does not.  I always said they needed to tag another party like this or Kickstarter in order to attract a lawyer. Lawyers want to be paid.

Yes, Paypal does allow you to recieve a refund if you never recieved the product. When Camelot Unchained refused to give me a refund a few years ago I went through Paypal and filed a case. I sent emails, a picture of there faq's, etc...

I got a refund within a few weeks.

Just curious, why did MJ refuse to refund your money?

Wellspring

I never heard of Xsolla before this. Are there a lot of games that use them? It appears Twitch is a big client of theirs.

After reading the reviews, they sound so shady. I would never trust them for my purchases.

https://www.trustpilot.com/review/secure.xsolla.com

Wellspring

Wellspring said:

Thanks for the update!



Anyone else having trouble viewing the discord links?

I figured it out. You have to join the discord server first before you can see the posts.

https://discord.gg/suz5tTC


There's a discussion about it on Reddit:

https://www.reddit.com/r/ChroniclesOfElyria/comments/fom4nz/join_the_class_action_4_coe_discord_server/

Ozmodan

MightyUnclean said:

If Xsolla is actually doing something illegal, isn't there an avenue for reporting them to the proper authorities?

What can they possibly be doing that is illegal?  The lawsuit is a nuisance one to start with and is probably going nowhere.