Should schools remain open amid Omicron surge?
I’ve watched a number of people appearing on large news networks who are proponents for schools to remain open amid the Omicron surge. Their primary reason behind this “remain open” argument is that kids are at low risk for dangers from Omicron. This is an entirely one sided argument and fails to take into account too many other risk factors. Let’s explore this fallacy.
COVID-19 Risks
While I may agree that kids may be at far lower risk from severe effects from Omicron if they acquire it, that argument largely holds no water and here are the relevant points:
- School administrators are adults, not children. These adults are those who must teach these children and it is these very adults who are susceptible and at risk from illness.
- It’s already proven that schools are germ factories for diseases. Meaning, children are well known for catching and passing around diseases among their school age peers. I can’t even count the number of colds I caught during my time in public schools. Yes, schools are a petri dish both in growing and spreading pathogens easily and, most importantly, rapidly.
- Children bring home pathogens to their household and spread it amongst family members and school friends.
While children may be more resilient to the effects of pathogens, they aren’t immune to spreading it amongst school faculty, staff and within their own households and to their friends. This is important to understand.
But, the psychological effects?
True, there may be psychological effects of children being unable to properly bond or have in-person friendships because of school closures. I get it, but we have to look at the importance levels of these factors. Does the child’s psychological effects from being in school trump the practical safety of those adults who may get seriously ill or die because one or more children spread COVID?
Clearly, these proponents are claiming that the psychological effects are far more damaging than people dying from COVID around these children. They’re not outright making this claim, but it’s the logical subtext that’s being unspoken with their arguments.
It’s also entirely wrong thinking. Children aren’t dying because they can’t sit in a classroom with classmates and learn. However, those around them are. What good does it do to open classrooms only to find more and more teachers either dying of COVID or becoming so seriously ill they can no longer work? How does that help the children or the school?
How many teachers must die to make this point? When do the mounting deaths in school become enough to warrant school closure? 1, 10, 50, 100 or more? Children cannot teach themselves. They require adults to impart that knowledge. However, when more and more adults around them continue to get sick and potentially die from COVID, then what?
Worse, children tend to blame themselves for such chaotic and serious situations even if it’s not true. However, with COVID, the child might actually be correct that their actions directly led to the death of their favorite teacher. How does a child psychologically cope with that? The psychological damage from knowing that child might have spread COVID to a teacher who died is way more damaging than a child lacking meaningful social interactions with their friends by learning at home, away from their classmates.
Learning Environments
Remote learning works. It does. Anyone who claims that it doesn’t work is only making excuses. The problem isn’t remote learning, it’s that these proponents typically have school age children themselves. The point, their motivation isn’t protecting the safety of the school system, but the inconvenience of having children at home. When a child is at home remote learning, a parent must remain home to watch that child. Inconvenient.
It’s this simple inconvenience that is motivating these “parent” proponents to pressure schools to remain open. It’s this inconvenience that motivates them to make statements stating psychological problems and ignoring all else. Again, their argument has nothing to do with protecting the safety of the school.
Variants and Safety
If anything, Omicron has pointed out that the variants are coming and they’re likely to get much, much worse than become weaker. What this means for schools is that eventually a variant will impact children negatively. In fact, Delta had already begun to show this. Many more children died due to Delta than any other variant before. With Omicron, these school “stay open” proponents are merely guessing that Omicron will play “nice” to children. We simply don’t know enough yet about Omicron to make this assertion.
Allowing children to spread Omicron might become a harsh lesson to parents… a lesson that shows us that children may no longer be spared from their “youngness”. Even if it’s not Omicron, it could be the next variant down the road.
Do we really want to congregate masses of children in places with little safety protections simply to teach them math and history? What good does it do if children begin succumbing to the variants and dying in masses? Then what? Will these “stay open” proponents take the blame for their callous disregard for safety? No.
Leave the Decision to the Schools
Ultimately, it’s the school district’s responsibility to protect its teachers, staff and, yes, even the students. The school districts should make the decision as to whether they remain open. Not the parents. Not the teachers. Not the children. Each school, in conjunction with the school board, should make the determination of the threat level any variant poses to each school’s safety.
The school is responsible for creating a safe and effective learning environment. You can’t have one without the other. Tossing safety over learning isn’t a road that leads to success. Just the opposite, in fact. It’s a road that leads to failure.
Parental Inconvenience
I’m sorry that parents feel inconvenienced after school closures. However, it’s your child. Your child is your responsibility. If you didn’t want to bear that burden, you shouldn’t have had children. The school system is not a free day care service. It’s a school. It has the responsibility to teach your child, not babysit them.
As a parent, you may view a school as an all-day babysitter. I guarantee you schools absolutely do not see it that way. Schools exist to “school” your child. Sure, schools take children off of your hands for 8 hours to teach them, thus giving you a reprieve from having a child for a portion of the day. However, that doesn’t mean the child is no longer your responsibility during those 8 hours away.
If a school feels that a closure is needed to ensure the safety of every student, teacher and staff member, then that’s an appropriate measure from the school. That also means it’s on you, the parent, to determine the best way to handle your child while the school remains closed, inconvenient or not.
Pandemic
A pandemic is most definitely a reason for schools to close and remain closed. After all, we know children are not responsible when handling and touching dirty items. Thus, it’s easy for a child to become exposed to colds and flu, and, yes, COVID while at school.
A pandemic means that a virus is spreading uncontrollably throughout the world. Children don’t fully grasp the concept of a pandemic. However, they do understand when they can’t visit friends or go to school or play football. These are things children do understand.
Yes, these may have psychological impact on a child’s well being. However, we’re all suffering during this pandemic. Are we trying to somehow “shield” our children from the effects of the pandemic by attempting to keep schools open in defiance of public safety?
Mass Spreading and Ending the Pandemic
Everyone becomes impacted once the spreading of COVID begins, regardless of where it begins, such as in a school or at a movie theater or even at a stadium full of people. Unnecessary spread is unnecessary spread. The more the virus spreads, the more likelihood this pandemic will never end. Worse, the more often the virus spreads, the more chances it has of creating a new variant. Variant creation is never a good thing.
By keeping children in school, regardless of the severity level on a specific child’s health if they contract COVID, the more chances COVID has of spreading both inside and outside of the school and creating a mass spreading event. As I said, we’ll never get out of the pandemic if we continue to do things that cause mass spreading. If we want to stop COVID, we need to halt mass spreading.
Halting the Pandemic
To stop this pandemic means halting large congregations of people coming together in the same location untested. There is no other way around this issue. We must halt untested mass congregations to halt the virus’s spread. The only way viruses spread is by large numbers of untested people congregating together in close proximity, such as in a plane. Because of lack of testing, this spawns mass spreading events.
Clearly, Omicron is now a mass spreading event. Could the spread of Omicron have been stopped? Not easily. Why? Because, at least in the U.S., we seem to have the poorest testing system of any nation. In fact, testing should have been our top priority from day one.
The only definitive way to halt mass spreading is to test everyone immediately prior to entry. However, our testing has been woefully inadequate all throughout this pandemic. Instead of focusing on testing, we have focused on vaccination. Vaccination has really only helped somewhat reduce spread in adults, not in children. It’s only recently that vaccines have been approved for children of certain ages. Even then, there’s some question as to how effective the vaccines are in children. This means that the dosage may not yet be correct to elicit a proper antibody response in children. This could still leave children vulnerable to contracting and spreading COVID, even though they have been vaccinated.
Testing and Tests
Testing is our #1 way out of this pandemic, which the United States has almost entirely ignored since the start of the pandemic. If the United States had focused on producing accurate mass amounts of home test kits in the first few months of the pandemic, we might have been able to halt the pandemic long before now.
Why? Because you can’t spread what you don’t have. If everyone is required to test negative to enter a store, stadium, restaurant, school or board a plane or train, we could have halted the spread within a few months. Mandating the use of instant tests at the entry to every mass public gathering area would have almost instantly halted the spread. A negative test means no one in that venue has COVID-19.
Sure, testing will inconvenience those who test positive, but inconveniencing a few who are carrying and spreading the virus is well worth the pain to halt the spread of this virus in its tracks. Testing is the answer, not vaccines alone. Vaccines help reduce death rates once infected, but they effectively do nothing to halt the spread. Testing combined with quarantine rules halts the spread and this should have been mandated from the very beginning. Testing is the holy grail to stopping this virus.
Instead, we ignored testing as a means to halt the spread and mistakenly put vaccines way out in front as the “Holy Grail”. We can see how well that has worked. Omicron is spreading like wildfire even though 60% of the U.S. population is now vaccinated.
I’ll even venture to guess that once we reach an 85% vaccination rate, we’ll still see COVID spread like wildfire among the vaccinated. The symptoms may be more mild, but spread is still possible among the vaccinated. Right now, the news media is playing the “unvaccinated” card as the reason for the spread. Eventually, they’ll no longer be able to play this card to explain away the latest surge after vaccination rates reach the suggested “herd immunity” minimum level.
Testing in Schools
Testing goes for schools, too. Each morning, a parent should be required to run a test kit on their child. The school nurse should then be required to review each student’s test for negative or positive results. If a child tests positive, they go home and stay home. Any child who has had immediate contact with that positive child also goes home to quarantine. No child will be allowed to attend a school if they test positive for the day or if they have had immediate contact with someone who has tested positive.
The same goes for teachers and staff. Every morning, these employees must also perform a test before they can report to work. If a teacher or staff tests positive, they’re sent home to quarantine.
As I said, the only way to halt the spread is to mandate testing at every single entry point to public spaces and reject those who test positive. If the person cannot or is unwilling to show a negative test result for that day, then they must be required to have a test performed immediately or be barred from entry. Refusing to test is the same to testing positive and the person will be refused entry.
We halt this virus through the use of policies including policies for testing, policies against belligerence and entry refusal policies. The more we do this, the faster we can burn this virus out. If the virus cannot propagate, it cannot survive. With mandated testing and strict entry controls, we can halt this virus in its tracks. There is ultimately no other way.
Schools Staying Open
If parents wish schools to stay open, then the only means by which this can be done is utilizing the testing method described above. That means test providers need to drastically ramp up production of instant test kits so that any school, restaurant, store or stadium can require that every person test negative immediately prior to entry. Testing applies to both the vaccinated and unvaccinated alike. No one is given a ‘pass’. A positive test = no entry… period. No discussion. You go home and stay home until your test shows negative.
This also follows for schools. Students who test positive go home. Students who test negative can remain in class. This is the only method by which schools can also remain open. We cannot rely on supposition that because students have fewer problems when infected that it’s somehow okay to keep the school open. Infection = spreading. Spreading = mass spreading. Mass spreading = pandemic continues and more deaths.
We all want this pandemic to end. We can’t have that if schools remain open without appropriate testing of students prior to entry. If schools wish to remain open, they must adopt a test-before-entry protocol to allow or deny entry based on immediately prior test results. While the vaccines help keep us out of the hospital after infection, testing is the key to ending this pandemic once and for all… not only in schools, but in every large public venue.
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Rant Time: PlayStation Store Return Policy
Looking for that elusive PlayStation Store return policy? A lot of people have been asking, “Where and what is the PlayStation store’s return policy?” Let’s explore.
PlayStation Store Digital Goods vs Retailers
When you buy digital goods from an online store, you expect a similar return policy to what you find in a standard retail store. Retailers today mostly offer 15-30 days to return your purchase for a full refund. However, there are rules to boxed content such as video games and Blu-ray or DVD movies. If you crack open the shrink wrap, you own it. Once you crack that shrink wrap, you can only exchange the item for another like item. If the entertainment item remains wrapped (i.e., movie or video game), you can return it for a full refund so long as it’s still within the stated return window. Other physical items have usual refund windows of usually no less than 14 days and usually no more than 90 days. Still, these are reasonable return windows.
For digital goods, there is no such concept as a shrink wrap or even a plastic box. For these sales, you’re limited to whatever return policies the store offers. For Apple and Amazon, if you mistakenly make a digital purchase, they’ll happily refund you so long as you do so right away. For Sony’s PlayStation store, the waters here are much more murky.
Where is the PlayStation store refund policy?
That’s a really good question and, unfortunately, there’s not a good answer that covers the entire world. Sony has intentionally fractured the PlayStation store rules into world territories. This means that there is not a single return policy that covers the globe. Instead, return policies are by region.
In the US, Sony doesn’t actually publish an actual Return Policy. Instead, they rely on their “Terms of Service” agreement to cover their for their returns on digital good purchases.
Return Policy
I’m going to rant just a little bit on this topic before getting to the meat where to find the information you’re looking for. A Return Policy is just that. It’s a clear, concise, non-technical, non-legal statement that explains exactly what a store provides for after a sale. For example, Target’s return policy states:
Most unopened items sold by Target in new condition and returned within 90 days will receive a refund or exchange. Some items sold by Target have a modified return policy noted on the receipt, packing slip, Target policy board (refund exceptions), Target.com or in the item department. Items that are opened or damaged or do not have a receipt may be denied a refund or exchange.
Then, Target breaks this statement down into types of items and their specific return policy details such as…
Returns and exchanges without a receipt may be limited. Other restrictions may apply.
- If you’re not satisfied with any Target Owned Brand item, return it within one year with a receipt for an exchange or a refund.
- Target REDcard℠ debit and credit card holders will receive an extra 30 days to return nearly all items purchased with their REDcard at Target and Target.com. See Target.com/REDcard for full details and exclusions.
- All electronics and entertainment items must be returned within 30 days for a refund or exchange. For these items purchased between 11/1 – 12/25, the 30-day refund period will start on 12/26.
- All mobile phones must be returned or exchanged within 14 days. All items purchased with a carrier contract at a Target store must be returned or exchanged within 14 days and may be subject to early termination fees per carrier contract. Contract items and carrier plans must be sold and returned by a Target Tech Rep.
- All Apple® products, excluding mobile phones, must be returned within 15 days. For these items purchased between 11/1-12/25, the 15-day refund period will start on 12/26.
- … more
And so on… This is a short example of a Return Policy, this is not Target’s complete return policy. Please click the link if you’re really interested in reading that.
Anyway, this is to show exactly how a Return Policy should be written. It is written in clear, concise, everyday language. It is not written in legalese jargon that requires interpretation. Let’s compare this to what Sony considers a return policy for its digital goods.
Sony’s Return Policy which isn’t
The difficulty with Sony is that Sony US chooses not to create an actual store return policy and instead chooses to rely on its “Terms of Service” to cover for the lack of an actual return policy. When you ask someone on the chat service to give you a link to the PlayStation store’s U.S. return policy, they give you the following link.
Here’s the link to Sony’s “Terms of Service” agreement:
As you can see from this link, it is a legal document labeled “Terms of Service”. This is a legal agreement, not a Return Policy. Buried within this Terms of Service legal agreement, there is a section labeled Wallet. Here is where the return options are listed, but in fact, they aren’t really listed at all. Under the section Wallet, begins the information about purchases, which is about as clear a mud. But, let’s examine this mess they call a policy.
WALLET
Your Account has an associated wallet, and all purchases made on PSN Services, including purchases funded from an outside payment source (e.g., a credit card or PayPal account) at the time of the purchase, are made through the wallet. Your children’s Accounts that are associated with your Account do not have a separate wallet, and all purchases made by them will be made through your wallet. Wallet funds have no value outside PSN and can only be used to make purchases through PSN Services and certain Third Party Services. You can only hold a certain maximum amount of funds in your wallet as determined by us (“Limit”), using either (i) a credit or debit card; (ii) a prepaid card or promotional code with a specified value where available; or (iii) other payment methods approved by us and made available from time to time in each specific country. FUNDS ADDED TO THE WALLET ARE NON-REFUNDABLE AND NON-TRANSFERABLE EXCEPT WHERE THE LAW REQUIRES THAT WE TAKE THOSE ACTIONS. WE HAVE NO OBLIGATION TO REVERSE OR REFUND UNAUTHORIZED CHARGES MADE USING ANY PAYMENT METHOD TO FUND THE WALLET. WALLET FUNDS THAT ARE DEEMED ABANDONED OR UNUSED BY LAW WILL NOT BE RETURNED OR RESTORED.
blah blah blah… a bunch of legalese jargon that no one wants to read. But wait, there’s more to read….
TRANSACTIONS All transactions made through your Account or an associated Account of your child are solely between you and SIE LLC. By completing a transaction through your Account or allowing a transaction to take place through an associated Account of your child, you are (i) agreeing to pay for all transactions made by you or your children, , including recurring charges for subscriptions that are not cancelled; (ii) authorizing SIE LLC to deduct from the wallet and charge your credit card or other applicable payment instrument or payment mechanism all fees due and payable for all your transactions; and (iii) agreeing to any applicable Usage Terms and terms associated with use of the particular PSN Service. All transactions are final upon their completion and may be deemed to be governed by law and regulatory requirements applicable at the time the transaction was completed. PAYMENTS FOR ACCESS TO CONTENT OR SERVICES ARE NOT REFUNDABLE EXCEPT WHERE THE LAW REQUIRES THAT THEY ARE REFUNDABLE.
Pre-orders and Bundles. You may have the option to order a license for certain content in the form of bundles (such as seasons of television series) or a pre-order. We reserve the right to deduct funds from your wallet for any pre-order or bundle order at the time you order the content, but some or all of the content may not be available until it is released for license via the PSN Services.UNLESS OTHERWISE REQUIRED BY LAW, YOU MAY NOT CANCEL OR OBTAIN A REFUND FOR A PRE-ORDER OR AN ORDER FOR A CONTENT BUNDLE ONCE YOU PLACE YOUR ORDER, AND PRE-ORDERED CONTENT OR CONTENT INCLUDED IN A BUNDLE MAY BE CHANGED WITHOUT NOTICE.
Aha… here’s the meat of it!
Notice the ‘UNLESS OTHERWISE REQUIRED BY LAW’ provision. This is Sony’s legalese for telling you that they are leaving their return policy requirements in the hands of U.S. federal, state and local laws (if applicable). This means, it is your responsibility to understand and determine exactly what the laws govern returns in your jurisdiction. This is convoluted statement because most people aren’t knowledgeable or familiar with the laws that govern such returns in their jurisdiction. I have to assume Sony’s lawyers naively thought that no local jurisdictions legally covered this part of their “Terms of Service”.
Before I jump into what this statement means to you if you live in the U.S., let’s rant about why this is NOT a return policy. This document is a “Terms of Service” agreement. It is a legal document that governs your use of services. While it might cover some of what a return policy does, it in no way considered a comprehensive return policy. Compare this document to Target’s clearly written, concise, plain language readable policy above which clearly lays out classes of items and their respective return periods in explicit detail. A return policy is supposed to be written in plain language that anyone can understand. Sony’s “Terms of Service” document is anything but clear, concise and plainly readable. Sony’s document is designed to be read and interpreted by a lawyer, not a layman. Meaning, it is on you, the buyer, to understand all laws where you live.
Federal and State Laws
Before I begin here, I will state that I am not a lawyer and nothing in this article is intended to be construed as legal advice. If you have questions about laws in your jurisdiction, you should contact a lawyer where you live.
With that out of the way, because Sony has chosen to leave returns up to the laws in the buyer’s jurisdiction, thankfully it appears the US federal government has such a law that governs returns in these cases.
This federal rule that at first glance may be applicable to PlayStation store purchases seems to be the 3 day Cool-Down law. This is a contract law that states that you have the right to return anything within 3 days and receive your money back as long as you cancel the contract before midnight on the third day. However, it seems that this FTC rule doesn’t cover online sales, although in my opinion it should cover it. Regardless, it doesn’t mean you can’t make a complaint to the FTC regarding Sony’s refund policies.
State laws are a different matter. Because there are effectively 51 states (I’m including Puerto Rico as a state even though they haven’t yet gone through the statehood process), there are too many states to list each one’s return laws in this article. I will point you to this Findlaw article which has very concise information on the state by state laws regarding refunds and returns.
FTC Complaints and Consumer Protection
The primary methods that you have as a consumer for refund redress is 1) asking the company for a refund, 2) using the 3 day Cool-Down rule when applicable and 3) disputing the charge with your credit card company. Sony has control over all 3 of these. Because Sony has complete control over refunds, they can always deny them. Because the PlayStation’s stores sales are online, the 3 Day rule doesn’t apply. And finally, because a chargeback will lead Sony to terminate your PSN account in retaliation, you can’t perform chargebacks without losing all of your purchased content.
This is an unfair situation for the consumer. All of the possible consumer avenues to get a refund cannot be used against Sony. Sure, you can dispute with your credit card company if you’re willing to lose your PSN account. Most gamers are not willing to lose all of their digital content they’ve purchased over a single refund. This is really a scam that Sony has going here. Thankfully, state laws may apply.
California
I will cover California here simply because I have enough knowledge after reading California’s specific law regarding this issue. Keep in mind that all laws are open to interpretation such that a judge can interpret the subtleties and applicability of those laws to any circumstances and in any way that he or she deems appropriate. That means my interpretation isn’t necessarily the interpretation a court of law might rule for a given case. However, Sony does have a presence in California which strengthens California’s laws against Sony.
It seems that while physical presence retailers are bound by California law to post and maintain a comprehensive Return Policy within their place of business, this law appears to have not been updated to explicitly cover businesses performing online sales and which also have a presence in California. This means that online retailers may or may not have a loophole with regards to posting and maintaining a Return Policy. Though, if the law requires physical businesses to post a Return Policy, I don’t see any reason why it wouldn’t apply to online storefronts who also have a presence in California.
According to Findlaw, California law states that:
Retailers are required to clearly post their refund policy unless they offer a full cash refund, exchange, or store credit within seven days of the purchase date. Retailers failing this requirement are required to accept full refunds within 30 days of purchase.
Assuming that the word “Retailers” applies to online sellers who have a presence in California, this law may extend your refund rights to 30 days as Sony clearly doesn’t post an actual refund policy anywhere visible on either their storefront or on their main web site. If “Retailers” only applies to stores with a physical presence and this law does not apply to online retailers, then this provision wouldn’t apply. California seems a little behind on explicitly stating its laws also apply to online sellers doing business in California. This means that assuming California’s law applies to PlayStation store sales, it does so implicitly through interpretation of the law.
For this reason, you would have to talk to a lawyer and ask them to interpret California’s law and whether or not it applies to Sony’s online storefront. Personally, I’d interpret that this provision applies, but I am not a lawyer. I’d certainly argue that the law does apply when arguing for a refund with Sony when you also live in California. I also happen to know that Sony has a business presence within California in San Mateo which makes a difference when dealing with legal matters of business in California. If your state doesn’t have a Sony business presence, any laws governing “retailers” might not apply to Sony.
Not all states have consumer refund policy laws such as those in California. You’ll need to review that Findlaw article and look for your state to determine if such a law applies that might extend your refund rights.
Sony’s Cancellation Policy
You might be saying, “I just Googled and found this Cancellation Policy on Sony’s web site”. Remember when I said the return policies for Sony are fractured around the world? Well, here’s the example of this. While this web published Cancellation Policy is visible to the world (including U.S. residents), apparently it only applies the UK (even though it makes no mention of this in the article body itself).
Simply reviewing Sony’s Cancellation Policy, it states a refund policy of 14 days so long as the digital item has not been downloaded or streamed. It’s a reasonable policy if they enforced it in the U.S. However, they apparently do not offer this policy to U.S. buyers. Instead, if you talk to someone on Sony’s U.S. PlayStation Store chat service, they will point you to the above “Terms of Service” document for their return provisions. The U.S. PlayStation store reps claim the Cancellation Policy does not apply to U.S. store purchases.
By making this claim, it does two things, 1) it says Sony does not publish a comprehensive return policy anywhere on its web sites for U.S. buyers and 2) it states definitively that the published Cancellation Policy does not apply to U.S. buyers. This means that the “Terms of Service” provisions rule. This also means that if you live in a state with a law that states that failing to establish a visible return policy in a store front results in a 15-30 day return period. That also means Sony is obligated to uphold the legal requirements of that state. This is why the “UNLESS OTHERWISE REQUIRED BY LAW” statement is important to understand your return period for Sony PlayStation store digital goods.
This “Terms of Service” document squarely puts the burden on you the buyer to understand the laws in your jurisdiction governing Return Policies. Assuming your state extends your rights, you might have 15-30 days to return the item unopened.
Unopened Digital Items?
It’s best to follow the “Unopened” rule when asking for a refund of a digital item. What does “Unopened” mean on digital goods? It means you haven’t downloaded or streamed the product. Effectively, it is the same definition that’s in Sony’s UK-only Cancellation Policy. If you have downloaded or streamed the item, then the federal and state laws likely may not apply to the refund. To be safe and avoid arguments with Sony, stick to the unopened rule when attempting refunds. Pre-orders would automatically be considered unopened while still a pre-order.
Disputing Charges with your Card Issuer
Assuming you’ve bought your purchase directly with a credit card and not with wallet credit you bought via a gift card, you can always dispute this transaction with your card issuer. However, Sony has a provision in their “Terms of Service” for this:
Fees and Other Charges. We reserve the right to deduct from the wallet all bank fees related to any transactions or failed transactions (e.g, chargebacks from your bank or credit card provider) initiated by you or your children, including domestic and international transaction fees. We reserve the right to terminate your Account and any associated Accounts of your children for failure to complete transaction payments. In lieu of termination of your Account, we may elect to provide a mechanism by which you fund the wallet associated with your Account to prevent your Account (and any associated Accounts of your children) from being terminated.
What this says is Sony reserves the right to terminate your account over service fees or chargebacks. If you dispute a charge with your card issuer and your bank accepts your dispute, they will force a chargeback to Sony. This means Sony will likely retaliate against that chargeback and close your PlayStation Network account. If Sony does this, you will lose any wallet credit and any purchases that were linked to your account. If you had any significant amount of digital goods purchased, they’ll be gone. Weigh carefully the decision to dispute a charge through your bank. If you buy through PayPal, you do have PayPal’s buyer’s protection, but Sony may still retaliate against your PSN account if you dispute a charge via PayPal.
If you do choose to try a dispute, I’d suggest unlinking the card from your PSN account before you begin the dispute process with your bank. This may prevent Sony from easily tying the card back to your PSN account.
Buying Digital Goods
When you buy digital goods from stores like Apple, Amazon, Google, Microsoft and Sony, you need to carefully read and understand their rules. You’ll also need to understand the laws that govern where you live. Most digital sellers are reasonable for mistake purchases. However, Sony appears to be ruthless in not wanting to issue refunds at this point. In addition, they have the power to hold your PSN account hostage against your only means of consumer protection via credit card dispute. I’d complain to the FTC on this one alone. This is an entirely unethical business practice.
My point here is that you shouldn’t ever buy any digital goods from Sony. At least, not until they come to their senses and offer a reasonable return policy and publicly publish it on their PlayStation Store web site in a visible location.
If you get caught in a situation where you bought something you didn’t intend, try your best to get a refund. There are no guarantees Sony will honor any federal or state laws. If they choose to ignore these laws, report them to the FTC and to your state Attorney General’s office. If you don’t care if they close your PSN account, then by all means contact your credit card issuer and request a dispute against that charge. Good Luck.
Sony’s Corporate Legal Compliance and Responsibility
The “UNLESS OTHERWISE REQUIRED BY LAW” provision should be Sony’s legal responsibility. Legal compliance and maintaining compliance with all laws has always been and should remain a corporate burden. Since Sony has taken it upon themselves to state “UNLESS OTHERWISE REQUIRED BY LAW”, Sony should be required to keep a list of all laws in all jurisdictions and uphold those laws with regards to digital returns on PlayStation store purchases.
This means that when you call or chat into a Sony representative asking for a return, it should be the representative’s responsibility to ask you the city and state where you live, then pull up a reference document containing the laws for that jurisdiction. Then, determine if those local return window laws apply to your return before outright denying the return.
It should not be the buyer’s burden to inform the representative of local laws that apply in that jurisdiction. By forcing the buyer to inform the representative of applicable laws, it then forces the representative to make a decision regarding that return. If Sony has told their representatives to reject all such arguments as invalid, then Sony is in willful in violation of some state and federal laws. It also means that the burden of upholding laws has been left in the hands of phone or chat reps.
Sony, do you really want some of your lowest paid staff making corporate legal decisions for Sony and potentially putting Sony at legal risk?
As most corporations today are trying their best to mitigate legal risk, Sony seems to be willfully instigating legal risk at their own peril. Get with the program Sony and write a real Return Policy and post it on the checkout screen. It’s not hard! Otherwise, you need to take on the legal responsibility of informing your reps of which jurisdictions have laws that apply to digital returns.
To PlayStation Store Employees
If you work for the PlayStation Store as a chat or phone rep, you need to understand your own personal legal risks. Because you are being made to decide the fate of a return based on “UNLESS OTHERWISE REQUIRED BY LAW”, you could face personal legal penalties because Sony has placed you into this legally risky position. I’m pretty sure you didn’t sign any legal indemnity clauses when you hired onto the PlayStation Store. As an employee, it is not your responsibility to decide legal matters over the phone or via chat. If you make the wrong decision and that decision is illegal, you can be held personally liable for breaking that law in addition to Sony. Do you really need legal fines and jail time?
As a representative for Sony, you need to take this article to your management team and explain to them that you no longer wish to be legally responsible for Sony’s actions. Explain that you don’t want to be fined or jailed for making the wrong decision on the phone. That’s not part of your job. Your job is to answer the phone and perform returns. But, it is not your job to take on personal legal responsibility for Sony.
As a representative, you need to insist on corporate legal compliance. This means that you need to insist that it is Sony’s responsibility to provide you with all necessary legal information to ensure you always comply with federal, state and local laws for each and every return. Sony hires lawyers. Sony can get their lawyers to provide you with this legal compliance information. After all, those lawyers are getting paid a whole lot more than you as a representative. Let’s make those lawyers do some real work for a change. Better, ask your management team to publish an actual Return Policy on the checkout page of the PlayStation store, which fully describes return windows and avoids this entire legal problem.
I welcome comments regarding your personal experiences with Sony’s PlayStation U.S. store return policies. I’m also always interested in hearing any tricks you may have used that helped you get a refund.
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Consumer Tips: How to navigate the Toys R Us liquidation
[UPDATED: 12/17/2018] TRU officially closed all remaining US stores as of mid-summer. This article is here simply for legacy reasons. Buh-Bye TRU and thanks for all the fun. We’ll miss you this holiday season.
If you’re thinking of visiting Toys R Us to take advantage of the store closing liquidation sales, this is your safety guide. Don’t throw your money away at Toys R Us, make every dollar count. Let’s explore.
Giving Gifts
Toys R Us’s liquidation is All Sales Final. The first tip is pretty straightforward. If you’re looking to buy a gift for a child, you are trying to stock up for the holidays or for any other rainy day reason, keep in mind that you cannot return, exchange or refund anything you purchase at this time. For gifts, this can be critical, particularly with children. You should always make sure that the person who receives that gift can return or exchange it if they don’t like it. Purchasing from Toys R Us on liquidation, you forfeit the return option.
Even if the gift is to be given while Toys R Us is still open, there are no refunds or exchanges. So, be aware that whatever gift item you choose is theirs to keep forever. You might want to be prepared to perform an exchange with your own money. Note that this can become an uncomfortable situation.
If you know there’s a possibility that your gift might be returned, you should buy from Amazon, Target or Walmart instead which leaves that option open for the recipient.
No Returns, Refunds or Exchanges
This goes hand-in-hand with All Sales Final. If you purchase items from Toys R Us during liquidation, you may get a great deal, but at the cost of no refunds, returns or exchanges. Make absolutely certain that what you buy is absolutely something you intend to keep.
Whether or not you intend to give the item as a gift, you should open the item and check it thoroughly. Do it in the store if at all possible. If it has batteries, make sure to test the item for functionality. You may not be able to test a battery powered item in the store, however. They may not allow you to remove the item from its packaging in the store to perform this test. You may have to take it home and check it there. By that time, you’ve already purchased and it’s too late if it’s defective. If you’re in doubt, leave it at the store.
If you do find a dead or defective item, you will need to contact the toy manufacturer directly and work your exchange through the manufacturer. Keep your receipt. This exchange process could take a whole lot more time than if you bought at a store still accepting exchanges.
Consider your purchases during a liquidation carefully. Do not purchase Toys R Us gift cards… but this should go without saying.
Extended Warranties
If you decide to buy an expensive item that could break easily, you should ask of Toys R Us to offer you a SquareTrade warranty plan. This will ensure you can get a replacement after Toys R Us closes. In preparation for this article, I spoke with a representative at SquareTrade who confirmed that they will continue to honor all SquareTrade warranties purchased at Toys R Us. If you do decide to invest in an expensive item that is prone to defects or breakage, you should also consider purchasing a SquareTrade warranty during liquidation.
Video Games and Video Game Consoles
Purchased video game content is a reasonably safe investment during the Toys R Us liquidation. It’s rare that a disc or a cartridge is defective.
On the other hand, purchasing a video game console or other video game hardware is a bad idea. If you must purchase one, purchase a SquareTrade warranty at Toys R Us to go with it (assuming they are still selling these warranty plans). If it’s not SquareTrade, then you should call the plan service provider before you check out at the store to ensure that insurance plan will continue to cover your purchase after Toys R Us closes for good.
Without an extended service plan, you have no replacement policy if it’s defective or gets broken. Be very cautious of buying video game hardware from Toys R Us during liquidation without a warranty. Though, you can try to work through the manufacturer warranty, it’s sometimes only 90s days. During liquidation, this is the one time where you should consider the purchase of a third party warranty, at least for purchases like video game consoles… particularly the Nintendo Switch which is portable and prone to being dropped.
However, certain types of lesser expensive video game hardware, like controllers, wires, Amiibo, cases, pens and other similar $30-$50 items are safer to buy, particularly when they are marked down 50% or more. However, consoles themselves, like the Nintendo Switch, Xbox One X and PlayStation 4 are not considered good investments from a liquidation sale.
I’d also suggest to avoid buying these devices from eBay as well because many will flood eBay listings from sellers who went to Toys R Us just to cash in on these low prices. If you’re thinking of buying a console from eBay, ask where it was purchased. Be wary if it’s from Toys R Us.
Dolls, Action Figures and Non-Battery Toys
Toys that don’t require batteries and don’t have complex moving pieces are some of the safer items to buy. They offer less defects and are more likely to last the test of time than RC vehicles, video game consoles, battery powered electric child cars, electric skate boards and other custom battery items.
Consumer Safety and Toy Recalls
Toys R Us was very good at keeping up with safety recalls. Unfortunately, they are going out of business. This also means that any toys you purchase during the liquidation that later fall under a recall, you can no longer return to Toys R Us. Like the All Sales Final discussion above, consider that items like cribs, baby items and other possible dangerous infant and toddler toys won’t have any place to go if they are recalled, especially if your baby gets hurt. Though, the manufacturer might honor a return or exchange, you will not be able to do so at Toys R Us. You will also not be able to make any legal claims of injury to Toys R Us once they have closed.
Safe or Unsafe Investment?
Here is a list (not exhaustive) of items that I consider safe, somewhat safe and not safe for a liquidation purchase so long as you fully understand that you cannot return or exchange them at TRU.
Note, safe, somewhat safe and not safe represent what I consider as a “safe purchase” (i.e., getting value for your money vs. throwing your money away), these labels do not describe whether the toy or item itself is safe for use by a child. You will have to determine toy safety yourself.
| Toy Type | Liquidation Safe Purchase? | Contains Battery? | Reason |
|---|---|---|---|
| Dolls | Safe | No | |
| Motorized Dolls | Not Safe | Yes | Prone to defects and can be unsafe No store warranty |
| Bicycles | Somewhat Unsafe | Depends | If you’re buying for a gift, unsafe. If you’re buying to use now, perhaps. If it has a battery, unsafe. TRU may or may not offer assembly. Use your best judgement. |
| Motorized Electric Kid Cars | Not Safe | Yes | Batteries can be defective May not be able to find replacement battery No store warranty |
| Action Figures | Safe | No | |
| Plush Animals | Somewhat Safe | No | Depending on what it’s made from, it may be safe or unsafe. Choose carefully. |
| Vinyl Figures | Safe | No | |
| Hot Wheels | Safe | No | So long as the Hot Wheels contain no batteries |
| Lego | Safe | No | So long as the Legos contain no batteries |
| Motorized Toys | Not Safe | Yes | Avoid motorized or electronic toys |
| Video Games | Safe | No | Games themselves are rarely defective |
| Video Game Consoles | Not Safe | Maybe | Could be defective No way to exchange No store warranty Choose 3rd party insurance plan if you must buy |
| Video Game Controllers | Somewhat Safe | Yes | Typically okay along with certain accessories. |
| Barbie | Safe | Depends | If the Barbie doesn’t contain a battery, this should be safe. If it contains a battery, make sure the doll is working before leaving the store. |
| Baby Toys | Depends | Depends | For safety reasons, I do not recommend buying baby toys and items via liquidation sales. |
| Diapers | Safe | No | |
| Cribs | Not Safe | No | Cribs can be dangerous for infants. Purchase at a store where you can return. |
| Car Seats | Not Safe | No | Car Seats can be dangerous for infants. Purchase at a store where you can return. |
| Skateboards | Safe | No | |
| Electric Skateboards | Not Safe | Yes | Avoid because of custom battery (replacement) |
| RC Vehicles | Not Safe | Yes | Avoid because of custom battery (replacement) |
| Tablets | Somewhat Safe | Yes | If Apple, you can rely on Apple. If another brand, avoid. |
| Wrapping Paper / Party | Safe | No | |
| DVDs and Blu-ray | Safe | No | |
| Toys To Life (Amiibo) | Safe | No | |
| Headphones | Not Safe | Depends | High chances for problems |
| Toys R Us Exclusives | Somewhat Safe | Depends | Avoid with custom batteries |
| Wooden Toys | Somewhat Safe | Depends |
Use Your Best Judgement
The above is not an exhaustive list, so always use your best judgement if it’s not listed here. If the toy contains no battery at all, it should be fine. If the toy contains or uses standard AA, AAA, C, D or button cell batteries, you’re fine. If the toy contains a lithium ion and/or custom battery, you should avoid purchase. Any toy that contains a custom battery may have been custom made for Toys R Us. This means you may find it difficult or impossible to find batteries later. House brand or Toys R Us exclusive toys requiring refill packs should be avoided. Toys and products for infants should be avoided for safety reasons. The only product I would suggest is safe for an infant is diapers and possibly formula as long as it’s a name brand, not a house brand.
Tablets and electronics should be avoided if not from Apple or another recognized brand. If it’s a house branded electronic item, avoid.
Toys R Us Exclusives
Toys R Us Exclusives are now considered rare. However, that doesn’t mean they’re a good investment. Pop figures are fine, exclusive Barbies are fine and exclusive Hot Wheels are fine (see the list above). However, any exclusives that require something that you can only get at Toys R Us (like batteries or refills), you should avoid purchase.
Toys R Us Geoffrey toys
These are likely to be some of the rarest toys available. If you want a piece of memorabilia to commemorate Toys R Us, you should head over fast and pickup whatever Geoffrey items you can find. If you’re looking for plush, you might have to ask at the service desk.
Happy Deals and good luck!
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