Wednesday, November 14, 2007

Class action lawsuit over Xbox Live consumer fraud

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Francisco Garcia is suing Microsoft in a class action lawsuit for consumer fraud because Microsoft allowed his son to improperly use his debit card to sign up for Xbox Live. He apparently didn't notice this until a year later when he got charged with the Xbox Live auto-renew fee, but because he didn't have the $50 in his bank account, he also received a $35 overdraft penalty from the bank. It gets better. Garcia says that Microsoft refunded the subscription fee, but didn't cover his bank penalty. He says Microsoft broke the law by allowing the minor to use his debit card to sign up for the service and he is seeking unspecified damages. Garcia would like to invite all residents of Georgia to join him in this suit, which pretty much amounts to those parents admitting they can't control what their children do with their credit/debit cards. Microsoft asked the federal court to dismiss the case, saying that the man's son misrepresented his age when he subscribed for the Xbox Live service.

Let's look at just some of the things wrong with this story. We have a man, who allegedly never allowed his son to subscribe to the Xbox Live service in the first place, not realizing until a year later during the auto-renew what happened. The best part is that he didn't even have the money in his account to pay the renew fee and then wants MS to pay the overdraft charge because he didn't have the cash in his account. Instead of suing, the man might want to get a better handle on his finances.
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[via] Joystiq

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