Dispute Resolution Process Failure

[KossB]

On March 15, 2019, I bought a gift card and it's not working. On the back of the card, it says "Full Terms and Conditions governing Spotify gift cards are found at www.spotify.com/gift-card."

On April 17, 2019, following the instructions on that website, I sent a notice of dispute, by certified mail, to 45 W. 18th Street, 7th Floor, New York, New York 10011.

The notice was returned to me by the US Postal Service. The address provided in the Terms and Conditions is not a current address.

Why does Spotify have an invalid address in the Terms and Conditions for Gift Cards?

[Robert_W]

o Hi @KossB ,

I'd recommend taking a look here to see if this helps:

https://support.spotify.com/account_payment_help/payment_help/why-doesnt-my-gift-card-work/

Let me know how it goes!

[KossB]

@Robert_W

Thank you for your reply. However, I have tried all the recommendations at the link you provided. I have engaged in extensive  messaging with @SpotifyCares through Twitter, and they have not resolved the problem. The gift card terms and conditions state clearly that when a gift card is "nonfunctional," the remedy is for Spotify to provide a replacement card. Spotify has not done this.

I am now using the formal dispute resolution process described in the terms and conditions, but the address they provided is not a current street address. Not only have they failed to address the problem with my gift card, but they are actually obstructing their own dispute resolution process by not providing a valid address in the terms and conditions. Spotify's behavior is inexcusable.

[Robert_W]

Hi @KossB ,

I am sorry this hasn't been resolved so far. And thank you for keeping me updated!

In addition I can confirm from Spotify Staff that the address you used is incorrect as point 14.5 in the agreement states a differnet address.

Please do continue to keep me updated.

[KossB]

@Robert_W

The address in the gift card terms and conditions was updated yesterday, after I brought this to the attention of the Spotify legal affairs team.

I have attached a screenshot of the gift card terms and condtions as it appeared on April 26. The address was 45 W. 18th Street, 7th Floor, New York NY 10011.

The rest of the terms and conditions have NOT changed. Section 15 says:

"IN THE EVENT THAT A CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH CARD."

The capital letters are in the original text of the terms and conditions. Spotify is SHOUTING at the top of their lungs that if a gift card is "non-functional," then the way to fix this problem is the REPLACEMENT of the card.

The gift card that I purchased at Target is non-functional, and Spotify has refused to replace it. They are violating their own terms and condtions.

Also, notice that Section 3 and Section 12 refer to the following link:

www.spotify.com/cards

Type in that address and you get a 404 error message.

[Robert_W]

Hey @KossB ,

Please write one more time to the new updated address on the gift card T&Cs.

I have gone along and reported the links that are not working to the correct team at Spotify.

I do hope this helps. 

[KossB]

@Robert_W

I sent a new notice to the correct address. I sent it by certified mail on April 29. For reasons that are not clear, it was not actually delivered until yesterday.

It remains to be seen whether Spotify will actually respond to my letter and make a good faith effort to resolve the dispute, as required by their terms and conditions.

[Robert_W]

Hi @KossB ,

Thanks for letting me know. 

Feel free to keep me updated on the outcome!

Take care.

[KossB]

I sent a notice to Spotify by certified mail, following the instructions in the Terms & Conditions for Gift Cards. The letter was delivered on May 7.

No response from Spotify.

Here's what it says in the terms and condtions:

- - - - -

A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). Issuer's address for Notice is: Spotify USA Inc., Attn: General Counsel, 4 World Trade Center, 150 Greenwich Street, 62nd Floor, New York, New York 10007, USA. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Issuer may commence an arbitration proceeding

- - - - -

Spotify is NOT using good faith efforts to resolve the claim. They received my notice more than a week ago and they have not responded.

Spotify is failing to adhere to their own terms and conditions.

[Peter]

Hey @KossB,

Thanks for getting back to us.

We'd suggest waiting a bit longer to give Spotify some time to respond to you.

As it says in the T&Cs, "if we do not reach an agreement to do so within 30 days after the Notice is received, you or Issuer may commence an arbitration proceeding". You are free to avail of your right to do so in case Spotify doesn't get back to you within the time period mentioned above.

Take care!

[KossB]

@Peter

Congratulations! Unlike most Spotify employees, you have actually read the terms and conditions. And you have learned how to quote from the terms and conditions like a politician. You quote the part you like, and leave out the part that doesn't suit your needs.

You quoted a fragment of a sentence. The complete sentence is the following:

"We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Issuer may commence an arbitration proceeding."

So, where's the "good faith efforts"??

Spotify received my written notice of dispute on May 7, and I have received no response.

If Spotify makes no effort to even communicate with me during the 30-day period, that is not a good faith effort to resolve the dispute. Does Spotify know what it means when they say "we agree"??

By failing to even try to resolve the dispute prior to arbitration, Spotify is violating their own terms and conditions. It is completely disgusting.

[KossB]

On May 24, @Peter wrote:

"We'd suggest waiting a bit longer to give Spotify some time to respond to you."

That was a month ago, Peter.

The letter that I sent to Spotify by certified mail was delivered on May 7.

Still no response.

What do you "suggest," Peter?

Waiting a "bit longer?"

Or do you plan to find a new, more selective reading of the terms and conditions that explains why Spotify does not need to respond to a Notice of Dispute that is sent according to the instructions?

Their dispute resolution process is a joke. I have done exactly what it says in the terms and conditions, and they are simply ignoring my communications.

Got any new "suggestions," @Peter??

[KossB]

The silence is deafening

[Peter]

Hey @KossB.

Thanks for getting back to us, and sorry to hear that you haven't received a response yet.

Can you confirm that you still have the receipt from the gift card you purchased, and that you provided the @SpotifyCares team with proof of purchase?

Without the receipt, it might be the case that they can't verify the purchase. If you do, on the other hand, and you provided this information to our @SpotifyCares team already, could you let us know what their response was?

Looking forward to your reply!

[KossB]

@Peter, I sent you a direct message on June 26. Why haven't you replied?

[KossB]

The silence is deafening