Class Action Filed Against Skype for WA Gift Card Violations
Courthouse News reports that plaintiffs have filed a class action in Washington against Luxembourg-based Skype, alleging violations of the Washington Gift Card rules. Access a copy of the complaint here [pdf]:
Skype and eBay steal the credit in customers' "stored value accounts" if they do not use them for 180 days, a class action claims in King County Court. Customers pay into the accounts so they can communicate via Skype VOIP with people who are not Skype customers.Plaintiffs are represented by Roger Townsend of Breskin Johnson & Townsend. (NB: Mr. Townsend is a friend of the blog.)
The first instinct is to think about Skype's terms of service which likely provide for (i) limited remedies, (ii) choice of law, and (iii) no class action (and maybe even a waiver of rights under gift card statutes). Unfortunately for Skype, terms of service-based arguments have received a chilly reception in Washington State Courts. (See, e.g., here and here.) I wouldn't bother relying on the TOS if I were Skype.
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