2024€14,400 · 21 days
Discord account disable hits trading coaching business
Account and 8 of 12 servers reactivated after 3 weeks. Settlement payment for remaining 4 servers. Coaching program could continue.
BGH III ZR 179/20DSA Art. 17§ 307 BGB
Discord
Discord disabled? Server banned? We challenge the off-platform clauses.
Account disable, Nitro loss, server bans, off-platform behaviour suspensions: Discord must justify under the DSA and can't sanction off-platform conduct at will.
Discord Netherlands B.V. (Amsterdam) · EU – DSA voll anwendbar
Typical Discord suspensions
- Account disable for 'off-platform behaviour' based on tweets
- Permanent ban for alleged hate speech without specific source citations
- Loss of Nitro, server boosts, and profile items
- Server-owner ban that closes the entire community
- Spam allegation against legitimate marketing servers
- Doxing claim despite already-public information
- Suspension for bot suspicion against legitimate users
- Nitro refund denied after suspension
Legal grounds
Legal levers
Discord Netherlands B.V. (Amsterdam) is fully subject to DSA and GDPR. Off-platform clauses and 'at sole discretion' suspension rights are challengeable under BGH case law.
DSA Art. 17
Statement of Reasons
Discord must give Statement of Reasons on every suspension: concrete facts, ToS clause, source. 'Violation of Community Guidelines' without detail is not enough.
§ 307 BGB
Off-platform clause control
Discord's 'we may consider behaviour outside the platform' clause is invalid under § 307 BGB if applied to consumer detriment - Twitter behaviour does not justify a Discord ban.
GDPR Art. 22
Ban on solely automated decisions
Discord Trust & Safety relies heavily on AI. Permanent bans without human oversight are unlawful per ECJ C-634/21.
§§ 327c, m, r BGB
Digital-content consumer rights
Nitro, server boosts, profile items are digital content. Loss without refund is unlawful - you have a pro-rata refund claim.
BGH III ZR 179/20
Procedural triad
Before a permanent ban: prior hearing, concrete reasons, appeal route. Discord regularly violates this triad - the ban is therefore unlawful.
Brussels Ia Art. 18
Sue at consumer's home court
Against Discord Netherlands B.V. you sue at home as a consumer. Discord must appear in any EU member state - the US base is irrelevant.
How we proceed
- 01
Evidence & GDPR data request
We secure suspension notice, account data, purchase history, and file a GDPR Art. 15 request - Discord must disclose internal Trust & Safety logs.
- 02
DSA complaint (Art. 20)
Internal complaint, DSA-compliant, with concrete levers. Off-platform bans often succeed at this stage - the legal basis is frequently weak.
- 03
Formal letter with deadline
Formal letter to Discord Netherlands B.V. with quantified compensation and 14-day deadline. Damages noticed under DSA Art. 54.
- 04
ADR or court action
On stalling: certified out-of-court dispute body (DSA Art. 21) or action at consumer's home court with an injunction.
Frequently asked questions
Discord banned me for behaviour on another platform - is that allowed?
Limited. Off-platform clauses are invalid under § 307 BGB if used to consumer detriment. Discord must specifically show why off-platform conduct disrupts platform operation.
My 50,000-member server was closed - what now?
Server-owner bans are particularly serious. We pursue server reinstatement, an injunction if community loss is imminent, and damages for lost revenue.
What does representation cost?
Initial assessment is free. Fees depend on procedure and stakes. Server owners with monetization often have substantial value at stake - direct billing with legal expense insurance.
Do I get my Nitro money back?
Yes, pro-rata for unused term under §§ 327ff. BGB. On unlawful suspension you have a claim to reactivation or full refund.
Discord doesn't reply to my complaint - what now?
A non-functional complaint system breaches DSA Art. 20. We file lawyer-led complaint with deadline directly and escalate to the out-of-court body if needed.
How long until reactivation?
Out-of-court often 14–30 days. With an injunction days to weeks. For important servers we recommend the urgent route.