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I disagree Dixiecup. I think we have a case. Here is my draft letter - anyone have any further ideas?
I am writing to express my concerns with respect to Ganz’s Zumbuddy plush products, which were released in October 2009. These products include a unique feature code which unlocks access to zumwhere, a virtual play area on webkinz.com. Zumbuddies are sold at various retailers and advertised on three web-sites which are owned and operated by [notranslate]Ganz[/notranslate]: webkinznewz.com, webkinz.com and ganzestore.com.
As a result of recent programming changes, the amount of time that these zumbuddies can be played with on-line has been restricted. Now, after approximately 30-60 minutes of play, the virtual zumbuddies take a nap and cannot be played with again until the following day.
Consumers were not advised of this limitation in either Ganz’s advertising or the product packaging for the Zumbuddies. The Zumbuddy plush products are sold mounted on a piece of printed cardboard. Neither the front nor the back of the package indicate any limitations on the amount of virtual play time available to a purchaser of a Zumbuddy. Further, the tags which are attached to the Zumbuddy plush products (which are identical but for a unique code) do not express any time limitation on virtual play. Accordingly, it is likely that consumers - many of whom are minors - purchased these products with the expectation of unlimited play. It is also reasonable to assume that many consumers have been relying on the established practice of unlimited play in making their Zumbuddy purchase decisions. While the packaging does state that “Ganz reserves the right to modify and/or discontinue the website Welcome to Webkinz, or access thereto, at any time without notice”, Zumbuddy products continue to be available for sale without any public indication of the play limitation implemented on September 16, 2010. For example, as of September 16, 2010, Webkinz Newz states:
With respect to the recent limitations which have impaired the use of the Zumbuddy plush products, I draw to your attention the misleading advertising of the Canadian Competition Act. Specifically, section 52 of the Act makes it a criminal offense to knowingly or recklessly make a representation to the public that is false or misleading in a material respect. In considering whether a representation is false or misleading, one is directed be subsection 52 (4) to take into account the general impression of the representation. The product packaging and the experience of consumers (who must have an active webkinz account to activate the virtual Zumbuddy) suggest that the general impression given by the Zumbuddy marketing is that of unlimited play.
In the foregoing context, and given the average age of the consumer affected, I urge [notranslate]Ganz[/notranslate] to reconsider the recent programming changes to the Zumbuddy play experience.
Awesome letter Florida!
I do understand what Dixiecup is saying. YES [notranslate]Ganz[/notranslate] is able to alter the site or games, to their liking.
But to change a product that was sold for money as one thing, and then change it to another thing, is not only wrong but, probably illegal.
If they don’t want the Zum’s to party more than twice, I don’t like it but, fine. If they want to limit Zummies, where it is just no fun to play, fine. If they want the party meter, stop after two parties, so be it. All within their judgment.
Yet to deactivate them, so that they can not be played with until the next day.
Is really the wrong thing to do.
If they started deactivating pets, that I had also paid money for, under the pretenses they were continually active, I would feel the same.
I have every intention of calling them, and saying so too!!
As hot under the collar as I am right now, you have the ability to just crack me up!!
Thanks - I needed the laugh!!
I definitely don't recommend sending my photo...haha! 'Twould elicit chuckles and giggles (the cute kind from zumbuddy days of old) instead of making them fear the wrath of florida and webbaholics scorned. We want them whining and crying like the zumbuddies of today...Let them feel OUR pain!
"[notranslate]GANZ[/notranslate] reserves the right to modify and/or discontinue the website www.webkinz.com, or access thereto, at any time without notice."
Legally, they can limit the amount of time you can play with your [notranslate]zum[/notranslate].
I didn't appreciate it the first day either. Yesterday, I played for quite awhile without them going to sleep... I just didn't bother having any parties. It's not like you are guaranteed blue zummies for a party anymore anyway. So, play away, then have the party when you are done playing.
Yeah, they cover themselves well in their “User Agreement” too.
It’s basically just shady business. “You PAY, and we’ll do what ever we want” Should be their motto.
Greed gets the best of many people. It’s a shame.
It should be made known publicly. Most especially when presented as a game for children.
Why would a company do that to kid’s???? When they sold them as a continual play, and were initially just that?
I’ve already WAY limited my spending with [notranslate]Ganz[/notranslate], for many reasons.
This is one reason to discontinue it all together. And let other people know what they are getting into.
If you do not choose to play the second party, the Zum’s do not deactivate.
You can feed them and play with them all you want, if you just don’t have two parties.
The amount of Zummies given are so few now, parties are hardly worth it anyway.
They have made some adjustments between the first day and today.
The first day of the changes, the zums were pickier than ever and would barely take any random toys/food and didn't ask for many either... making it very difficult to earn zummies.
After playing for half an hour just now... the zums are not very picky. They will take alot of the random items I dropped in for them. I feel that the way the zums are playing with their toys/eating and the amount of blue zummies dropped is back to the way it was before the changes.
I did notice that now the [notranslate]Zum[/notranslate] Buddies will actually give you zummies after you play with them. Just don't activate the second party until you want to finish playing with your Zumbuddies, that is all Problem solved for both sides
i completely agree. it's just not fair to have your zums be un-playable after only two parties! no matter how cute they are when they sleep. i also wish you could tickle them whenever you want again...
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