1. Welcome to TechPowerUp Forums, Guest! Please check out our forum guidelines for info related to our community.

Microsoft Sued Over Xbox Live Subscription

Discussion in 'News' started by malware, Nov 14, 2007.

  1. malware New Member

    Joined:
    Nov 7, 2004
    Messages:
    5,476 (1.55/day)
    Thanks Received:
    956
    Location:
    Bulgaria
    A man who claims Microsoft improperly allowed his underage son to use his debit card to subscribe to the company's Xbox Live gaming service and automatically renewed the subscription without authorization is suing the software maker for consumer fraud. In a class action suit, Georgia resident Francisco Garcia claims that in October 2005 his son, Silvario, used his debit card to buy a $49.99, one-year subscription to Xbox Live. The service lets Xbox owners play games like Halo 3 against each other over the Internet. A year later, Garcia claims, Microsoft automatically billed him for an additional year of Xbox Live without his knowledge or consent. He contends that the charge sent his checking account into overdraft, and that his bank slapped him with a $35.00 penalty. By accepting a subscription from a minor and automatically renewing it without consent, Microsoft "fraudulently induced a contractual relationship for Xbox Live services," Garcia claims in his suit. Microsoft has asked the federal court to dismiss the case, claiming it has paperwork that proves Silvario Garcia misrepresented his age when he subscribed to Xbox Live by falsely stating that he was at least 18 years old.

    Source: Yahoo! News, InformationWeek
    Last edited: Nov 14, 2007
  2. Random Murderer

    Random Murderer The Anti-Midas

    Joined:
    Dec 6, 2006
    Messages:
    6,375 (2.30/day)
    Thanks Received:
    1,113
    either that's a typo, or francisco is a moron. xbox wasn't even released until 2001.
    malware says thanks.
  3. malware New Member

    Joined:
    Nov 7, 2004
    Messages:
    5,476 (1.55/day)
    Thanks Received:
    956
    Location:
    Bulgaria
    You're right, there's something wrong indeed. I'll delete the year and wait to see if it's a typo from the original article.

    EDIT: Fixed, the year is 2005.
  4. Thermopylae_480

    Thermopylae_480 New Member

    Joined:
    May 27, 2005
    Messages:
    3,685 (1.11/day)
    Thanks Received:
    393
    Location:
    Little Rock Arkansas, United States
    It's 2007, almost 2008, he just now got around to filing a law suit?
  5. freaksavior

    freaksavior To infinity ... and beyond!

    Joined:
    Dec 11, 2006
    Messages:
    8,046 (2.91/day)
    Thanks Received:
    878
    the same thing happened to me. i read the agreement and it said "one year subscription to xbox live online gaming service" and it said nothing about an annul charge. so the second time i just let it go and the third i called them about 100 times to try to get them to refund it but they wouldn't.
  6. Ravenas

    Ravenas

    Joined:
    May 24, 2007
    Messages:
    4,635 (1.78/day)
    Thanks Received:
    344
    Location:
    Tennessee
    Something isn't free if you have to enter your credit card number... What's to be confused about.
    3991vhtes says thanks.
  7. Kreij

    Kreij Senior Monkey Moderator Staff Member

    Joined:
    Feb 6, 2007
    Messages:
    13,881 (5.12/day)
    Thanks Received:
    5,615
    Location:
    Cheeseland (Wisconsin, USA)
    Doesn't look like old Fransisco has much legal ground to stand on.
    His son faked his age and didn't happen to read the following from the TOS ...

  8. jocksteeluk

    jocksteeluk New Member

    Joined:
    Jan 23, 2006
    Messages:
    1,457 (0.47/day)
    Thanks Received:
    46
    Location:
    The 13th room on the 13th floor of the 13th buildi
    Can't argue with M$ on this one, Mr Garcia needs to punish his child for this one and preferably and old fashioned punishment, one where the kid cries his eyes out after being whipped for stealing. Ahh the good old days when spanking was allowed.
  9. ktr

    ktr

    Joined:
    Apr 7, 2006
    Messages:
    7,407 (2.46/day)
    Thanks Received:
    687
    Dumbass...M$ does give you warning about the second charge via email, which i thought was nice. And the TOS did state about automatic renewal. :slap:
  10. 3991vhtes

    3991vhtes New Member

    Joined:
    Apr 22, 2007
    Messages:
    2,786 (1.06/day)
    Thanks Received:
    121
    Location:
    My house.
    I hope this moron loses. He should not sue MS because his son used his CC to get a XBox live subscription.

    people are so stupid. :shadedshu
  11. Snipe343

    Snipe343

    Joined:
    Jul 31, 2007
    Messages:
    1,002 (0.40/day)
    Thanks Received:
    34
    its in there that they do that, you can just take the credit card number out at the beggining.And he cant sue it does say that they will automatically buy a sub. when yours runs out.
  12. Snipe343

    Snipe343

    Joined:
    Jul 31, 2007
    Messages:
    1,002 (0.40/day)
    Thanks Received:
    34
    Thats not exactly true most cases yes but if anyone has recently bought WoW here and got the 2 weeks free you have to enter a cc number. If you just cancel it right then you never get charged but the moment it runs out they charge you.
  13. MopeyMartian

    MopeyMartian New Member

    Joined:
    Dec 18, 2004
    Messages:
    197 (0.06/day)
    Thanks Received:
    10
    Location:
    Poughkeepsie, NY
    So... ~$135 vs. the cost of fighting M$...

    Frivolous doesn't even begin to describe this "case".
  14. WarEagleAU

    WarEagleAU Bird of Prey

    Joined:
    Jul 9, 2006
    Messages:
    10,796 (3.69/day)
    Thanks Received:
    545
    Location:
    Gurley, AL
    Or what he could have and should have done was, dispute the charges. Apparently, hes just looking for a quick cash payment. Personally, I dont care much for MS' tactics, but if its plain as day, and the kid done it, take it out on the kid.
  15. Cold Storm

    Cold Storm Battosai

    Joined:
    Oct 7, 2007
    Messages:
    15,014 (6.08/day)
    Thanks Received:
    2,999
    Location:
    In a library somewhere on this earth
    I wonder how in debt this guy is? Only a man so stupid would ever think about something like this. Anytime I have signed up for a membership they said it was an "annual" contract. I know it was his "kid" that took his cc, but you still have the ability to stop it. Just someone trying to get a buck... Maybe its his way of looking "cool" for his kid? Sue the place that will own you...
  16. lemonadesoda

    lemonadesoda

    Joined:
    Aug 30, 2006
    Messages:
    6,242 (2.17/day)
    Thanks Received:
    963
    This is the type of practice I truely hate in many corporations: direct debit, outstide of the customers agreement.

    1./ How many millions of Amex card holders, who cancel their card, STILL get billed the NEXT YEAR for a card they do not possess?

    2./ Same goes here; a product advertised as a "one year subscription" should be THAT. No "small print" should be allowed to re-interpret the misleading advertising.
  17. Steevo

    Steevo

    Joined:
    Nov 4, 2005
    Messages:
    8,107 (2.56/day)
    Thanks Received:
    1,123
    Imagine the number of user to whom $40 means little and playing one day and the next not being able to. That would cause more heat than the few who don't keep the money and play it.




    Who doesn't have $40 that they can spare.......
    10 Million points folded for TPU
  18. Azn Tr14dZ New Member

    Joined:
    Mar 2, 2006
    Messages:
    5,299 (1.74/day)
    Thanks Received:
    19
    Yes, they do give you a warning and they even have info about the renewal anyway...I doubt this guy can win.

    He shoulda been with his son when purchasing Live.
  19. Woah Mama! New Member

    Joined:
    Oct 1, 2007
    Messages:
    497 (0.20/day)
    Thanks Received:
    22
    Location:
    Australia
    LMAO, this is just like that crazy woman who is suing AMD for being a clumsy ass at work.

    This guy has a bee in his bonnet because he can't keep his kid under control?
  20. F-22 New Member

    Joined:
    Nov 9, 2007
    Messages:
    103 (0.04/day)
    Thanks Received:
    7
    WTF are you talking about? This is 100% Garcia's fault. #1 for being a broke-ass, #2 for giving his credit card to a little kid. A Little Kid is not going to read the fine print and report back, and also the little kid didn't know that his lame-ass dad's bank account would bounce a $50 withdrawl.

Currently Active Users Viewing This Thread: 1 (0 members and 1 guest)

Share This Page