Microsoft Sued Over Xbox Live Subscription

[malware]

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.

View at TechPowerUp Main Site

 

[Random Murderer]

In a class action suit, Georgia resident Francisco Garcia claims that in October 1995 his son, Silvario, used his debit card to buy a $49.99, one-year subscription to Xbox Live.

either that's a typo, or francisco is a moron. xbox wasn't even released until 2001.

 

[malware]

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.

 

[Thermopylae_480]

It's 2007, almost 2008, he just now got around to filing a law suit?

 

[freaksavior]

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.

 

[Ravenas]

Something isn't free if you have to enter your credit card number... What's to be confused about.

 

[Kreij]

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 ...

6.5 Subscription Renewal. If you sign up for a Service or Other Item that is a monthly subscription, then unless the terms of that subscription state otherwise, your subscription will automatically and continuously renew from month to month and if it is a subscription that requires payment of a fee, your Payment Method will be charged unless you cancel your subscription prior to the end of that month. If you are subscribed for longer subscription periods (e.g., 3, 6 or 12 months) then unless the terms of that subscription state otherwise, your subscription will automatically and continuously renew for such period and if it is a subscription that requires the payment of a fee, your Payment Method will be charged at prices then in effect.

 

[jocksteeluk]

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.

 

[ktr]

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.

 

[3991vhtes]

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

 

[Snipe343]

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.

 

[Snipe343]

Something isn't free if you have to enter your credit card number... What's to be confused about.

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.

 

[MopeyMartian]

So... ~$135 vs. the cost of fighting M$...

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

 

[WarEagleAU]

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.

 

[Cold Storm]

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...

 

[lemonadesoda]

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.

 

[Steevo]

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.......

 

[Azn Tr14dZ]

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.

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.

 

[Woah Mama!]

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?

 

[F-22]

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.

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.