Do you think there is a possibility of a class action lawsuit against this website?

[lathrop]

I was wondering if there is a possible class action lawsuit for this website.

It is a social networking website, that while free, has purchase options to enhance the experience. I personally over the years that I have participated in the website, have spent several hundred dollars.

One of the things that I have on my account is a VIP membership that extends until October 2009, which I purchased. I have also purchased, or had purchased for me, credits toward items on the website.

I went to log in this morning, and my account was locked. I attempted to e-mail support, and the e-mail came back as undeliverable. I then created an account to contact support through the website, and my question went unanswered and that account was deleted by administration.

The TOS states "You may terminate your membership at any time. fubar.com may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your Membership application or such other email address as you may subsequently provide to fubar.com. By using the Service and by becoming a Member, you acknowledge that fubar.com reserves the right to charge for the Service and has the right to terminate a Member's Membership should Member breach this Agreement or fail to pay for the Service, as required by this Agreement."

I have recieved no notice.

It also states "Limitation on Liability. IN NO EVENT SHALL FUBAR.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF FUBAR.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FUBAR.COM.S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO FUBAR.COM FOR THE SERVICE DURING THE TERM OF MEMBERSHIP."

As well as "fubar.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Website and/or Services at any time, for any or no reason, with or without prior notice, and without liability."

The last statement above seems contrary to the above statements.

I am not the only person who has been deleted and unable to use their VIP memberships as well as credits that they had in their account.

Do you think I should attempt to contact attorneys, or would it be a lost cause?

[ricki]

Not a lost cause, but you need to gather other users who had the same problem to boost your case.

[cumhea]

Sounds like they went out of business.

If they didn't, find their mailing address and send a certified letter.

Contact your C.C. or bank and have the charges reversed.

[rushford79]

Nothing ventured, nothing gained. It doesn't hurt to talk to an attorney; you may be surprised at the outcome.

[vanaken25]

No... Having been "there & done this" Myself, I'm afraid your "Cause" is lost... My condolences... BEWARE ALL- of "fubar. com" ... :(

[sonny]

sure, give it a try ????

[lamarr3]

Your damages will be limited to the fees you have paid the site. Actually, just a portion of the fees. I would have to read the whole agreement, not just parts, to have a guess about whether you would win a breach of contract suit.

[darik]

Sounds like they can pretty much do what they want in legaleeze. At least try to get 5 months of membership back. I wouldn't go so far as a class action suit, but if I happened to know a lawyer, I would ask them to write a demand letter on letterhead.

If you know others who have been arbitrarily suspended, maybe you could get together and create a website called something like Fubar Ripoff and give them a little much deserved bad publicity.