Phyllis Law - May 2019

Is Your TeenWatching Twitch? What Parents Need to KnowAbout This Media Platform

Privity of Contract For many parents, the idea of watching someone else play a video game sounds incredibly dull. But as the rise of the streaming site Twitch.tv has shown, young people love cheering on their favorite gaming broadcasters — to the tune of 140 million monthly viewers. Many of those tuning in are teenagers, and a survey by theWashington Post found that over half of the participants ages 14–20 watch at least some streamed video game content. If your teen is one of these viewers, here’s what you need to know. Twitch Is Live Twitch differs from video sites like YouTube because the content is being broadcast live. This means it can’t be filtered as reliably, and even the most family-

Privity of contract: While the title may seem stuffy and technical, this legal concept could rescue those facing lawsuits over old credit card debts. Consider this: You open a credit card with Credit Card Company ABC. After some time, you are unable to afford the minimum payment. Debt Purchaser XYZ swoops in and buys the debt from Credit Card ABC “as is” for pennies on the dollar. ABC gets paid by XYZ, and they no longer have a legal interest in the debt. Relentless XYZ will now harass you in an attempt to collect maximum return. Privity of contract is a legal concept stating that a contract cannot confer rights or impose obligations upon any person who is not a party to the contract. XYZ debt buyer may not be able to validate privity of contract with you because they bought the debt fromABC “as is.” In court, XYZ would be required to present documentation of the original agreement between you and Credit Card Company ABC in order to sue you or to add interest or attorneys’ fees onto the amount owed. Additionally, XYZ must prove “standing,” a legal requirement showing they have an interest in the case. XYZ must prove it legally owns your debt. XYZ is required to produce documents showing the debt was either assigned to them or purchased by them. Again, ABC may not cooperate because they have sold the debt “as is” and do not stand to make any more Twitch Broadcasters Solicit Donations While Twitch is free to watch (with ads), the site allows viewers to donate to their favorite broadcasters directly or become paid subscribers. Many broadcasters offer subscriber-only streams, shoutouts, and other bonus content that can make it tempting for impressionable viewers to open their wallets (or friendly broadcasters might slip in the occasional swear word or make an inappropriate comment. There is also a live chat feature, meaning your teen can communicate with anyone watching the same stream. This feature can be switched off, but it’s still a good idea to talk to your teen about online safety and the importance of not revealing personal information to strangers.

those of their parents). It’s best to make sure your teen’s account isn’t tied to any bank information.

money off the debt. Even when XYZ has some documentation to present, admitting those documents into evidence presents a challenge. These types of documents must be properly authenticated. Without the cooperation of ABC, that can be very difficult. You may be wondering why in the world companies like XYZ would buy old debts if they cannot prevail in court. Good question. Most debtors are not aware of these legal concepts and blindly pay the debt. It’s a numbers game for companies like XYZ. Although they lose on some cases, ultimately they are profitable because most people just pay. Companies like XYZ are highly skilled collection agents who engage in fear tactics and verbal abuse to ensure individuals pay. You may also be asking, “Shouldn’t I pay the money that I owe?” You must remember that the amount borrowed is always far less than the amount the companies are seeking for repayment, which usually includes interest, late fees, and attorneys’ fees. Many people have long since paid what they originally borrowed once it gets to this point of litigation. Here’s the bottom line: If you are in a situation where you are unable to pay an old debt, there may be a way to avoid it. Take advantage of the law. Consult us at PhyllisLaw.com to see if you have any alternative options. WhyYour TeenWatches Twitch There are many reasons teens watch Twitch streams. If they are into competitive video games like “Fortnite” or “Apex Legends,” they maywant to watch skilled streamers to pick up tips and tricks. They could be a fan of an esports team and want to root them on during streamed tournaments, just like you would a football or basketball team. They may even just want to get a feel for what a game is like before they decide to spend their allowance on it. Talking to your teen about the kinds of streams they watch can help you better understand what they get from this new form of media.

2

www.PhyllisLaw.com | 404.514.3397

Made with FlippingBook Online newsletter