Posted Nov 14, 2007 at 11:09AM by Sally B. Listed in: News, Xbox Live Tags: Microsoft
Ó

Lawsuit - Image 1It's lawsuit time for Microsoft once again, and this time its over Xbox Live fees. Francisco Garcia of Georgia is suing Microsoft for consumer fraud, saying that Microsoft allegedly allowed his son, Silvario, to use his card to buy a one-year Xbox Live subscription worth US$ 49.99. This transaction happened in October 2005.

A year later, Microsoft automatically renewed the subscription and once again charged US$ 49.99, pushing his checking account to overdraft. Garcia was subsequently charged with an additional US$ 35 penalty due to overdraft charges. While Microsoft refunded the US$ 49.99 fee, Garcia said that he wasn't reimbursed for the US$ 35.00 overdraft penalty.

Garcia claimed that Microsoft pulled him into a fraudulent contract with Xbox Live by letting a minor subscribe to the service and automatically renewing the contract without his own consent.

Microsoft, however, requested the Federal Court to dismiss the case with proof that Silvario misrepresented his age when he subscribed to Xbox Live.


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17 Comments


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   by Keith K - 2007-11-14
 » Meh

Thats an open and shut.. The Terms of Service smack it down.

   by Mal F4cti0n - 2007-11-14
 » Auto charging is bullsh*t

This is the one thing I hate about xbox Live.

You HAVE TO enter a valid credit card into the system. MicroSoft AUTOMATICALLY bills you the $49.99 without telling you. The first time they billed me automatically I was pissed. I called to complain and asked them to ask me if I want to renew instead of automatically charging me for another year. I didn't think they would, so I changed my credit card (requested a new one from the bank). Sure enought, MicroSoft sent me an email telling me that they couldn't charge my card and then shut off my Live account. I didn't have Live for about a year until I got a 360, then I signed up for it again. Speaking of which, I should be due for another charge here soon....bastards!


   Re: teh not so 1337 g@m3r - 2007-11-14
 » .

They do tell you dip*****. They send you an email to the address linked to your live account at least a week in advance warning you it's going to be billed to your card again.

   Re: FreePlay - 2007-11-14
 » The EULA is a contract.

And you should always read a contract before you agree to it. The automatic payments are in there.

Also, I've got 13 months of Live and I've never entered a credit card number, so... there goes that theory.
   by Nevers - 2007-11-14
 » frivolous $$$ grab

This guy's and idiot and it's really too bad he actually was able to spawn another idiot. Why natural selection? why?

This frivolous lawsuit isn't going anywhere... or one can hope it doesn't.

...and if pappy wants that overdraft back he'll need to prosecute his son as a thief to prove he didn't give the kid permission to use his card.... that'll make for a fun Thanksgiving dinner

   by Mister Common Sense - 2007-11-14
 » .

What a loser! Not only does he keep his account with less than $50, but he is suing MS for $35 lol!

Dumbasses blaming others for poor money managment just makes my day.

   by Slipstream0 - 2007-11-14
 » and...

he didnt notice the $50 out of his checking the first time???

   by Mal F4cti0n - 2007-11-14
 » To "teh not so 1337 f@gg0t"

Up yours, dip****!

I never get an email (and I have only one account and stuff from microsoft is not filtered in my spam, I get all the Live newsletters)! And regardless of whether or not they 'notify me' that they are going to charge me, that still does not amount to ASKING ME IF I WOULD LIKE TO RENEW FOR ANOTHER $50!!!!




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   Re: MikeyMike01 - 2007-11-14
 » .

Hey dumbass! Would you rather they just shut off your account? If you didn't want them billing you why did you give them your credit card? can't you just keep buying cards?

   Re: Master Chef - 2007-11-14
 » Did you read the post belows g@m3r's you idiot?

Microsoft DOES fu*kin tell you they are going to automatically charge your card again. Even if you didn't get the email, it's in the contract when you sign up. It's your own damn fault if you didn't read it. Or if you were too stupid to simply assume that these things automatically renew, which should be common sense.

   Re: Ninjiz - 2007-11-14
 » IDIOT

Next time READ THE TERMS OF SERVICE you MORON. It clearly states you will be AUTOMATICALLY renewed at the end of the year if you are using a CC. Clearly you dont have many online subscription to anything, or else youd know that MS isnt the only company that does this. Do you ever rent DVDs from online sites??? sheesh! How stupid are you? Are you like 10 years old??

And MS DOES send out an email stating you are about to be rebilled. They are not psychic, and are not friends with Ms Cleo, so your email account with them MUST be up to date.

If you change your email address They wont know. And thats the ONLY way you wont get the email.
   by Mister Common Sense - 2007-11-14
 » why complain for nothing?

I just buy points and live memberships in the store as needed. Nobody can ever steal my account, even though I would have to be a moron and give them my info as some idiots have done. Anyone want to play Biznich Bioch at some Ghost Recon 2?

   by Nevers - 2007-11-14
 » as far as I know

renewing automatically is pretty commonplace with anything paid for by credit card these days... none of my subscriptions ask if I wish to renew... I think that's a throwback to the check writing era. Maybe a more curtious retail time... whatever the dad's a moron


   Re: J2Jack - 2007-11-15
 » Exactly!

That's what subscription MEANS... and yes he is pretty stupid
   by shabghai360 - 2007-11-15
 » Hot under the collar

Its a heated discussion but for once I agree.
There is no way the father can be defended here. Its a simple case of

1 poor man sues big Company
or
2 he cant trust his son

either way this guy is a loser.

   by Constantinecy - 2007-11-15
 » FREE

That is why the PS Network rules and soon it will be equal to the Xbox live...

   by na2rul - 2007-11-15
 » (Some)Mobile phone contract do the same

As for xbox live, I jus rely on free 1 month subsciption although i am prepared to recover my 1st gamertag with a topup card.



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