Valve are appealing their $3 million fine for "misleading" Australian consumers
Valve have filed a second appeal against a $3 million fine issued by the Australian courts.
Having been ordered to pay penalties amounting to $3 million for misleading Australian customers, Valve have filed a second appeal against the claims against them and the fine.
The company's initial appeal was dismissed. But according to Johnny Roses, a policy lawyer working for the Interactive Games and Entertainment Association (who represent videogame developers, publishers, and distributers across Australia and New Zealand), the company have applied for "special leave" to file a second appeal.Roses says that the "original decision and $3 million fine will continue to remain on hold until the High Court makes its decision or the application is rejected." Valve's appeal stems from the fact that the company claims that having never operated in Australia, it is not accountable to Australian consumer law. The Australian Competition & Consumer Commission, however, states that as there are 2.2 million Steam users in Australia, Valve are affected by the country's laws.
Original story, December 22: The Australian Federal Court has thrown out two appeals by Valve in a case between the company and the Australian Competition & Consumer Commission (ACCC). The dismissal of the two appeals means that Valve will have to pay a $3 million penalty.
The case dates back to 2014, with Australian consumers complaining that they were not able to get refunds on games bought through Steam, something that is allowed under Australian Consumer Law, which states that “all consumer goods or services come with automatic consumer guarantees that they are of acceptable quality and fit for the purpose for which they were sold. If they are not, consumers have a right to a remedy, which may include refund, repair, or replacement in certain circumstances. These consumer rights cannot be excluded, restricted, or modified.”
Valve now offers refunds through the Steam client, but in 2014, when the case was filed, they didn’t. While the company is based in America, the fact that they sell products in Australia means they are bound by Australian law on those products. As such, a previous version of Steam’s worldwide license agreement told Australian users that they were not entitled to refunds on their purchases, was deemed “misleading” by Australian courts.
According to itwire, Valve were appealing “against a ruling that it engaged in misleading or deceptive conduct and made false or misleading representations about consumer guarantees,” as well as a $3 million (AUS) fine. Both appeals were dismissed. The ACCC themselves report that Valve have also been ordered to “publish information on Australian consumer rights on their website for 12 months,” “implement a consumer compliance program for their system and staff,” and “not make any similar representations to Australian consumers for three years.”
