Microsoft Sued Over Live Fees

[GamerSince'76]

Microsoft Hit With Class Action Suit Over Xbox Live Fees
A Georgia man claims Microsoft improperly allowed his underage son to use his debit card to subscribe to the company's Xbox Live gaming service.

By Paul McDougall
InformationWeek
November 13, 2007 03:14 PM


A man who claims Microsoft (NSDQ: MSFT) 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.

Garcia says Microsoft refunded the subscription fee but didn't cover the bank 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.

The action was originally filed in August in state court in Georgia. In September, Microsoft filed a motion to have the case moved to federal court.

Garcia claims Microsoft broke Georgia law when it allowed a minor to use a debit card to sign up for Xbox Live, and flouted consumer regulations when it renewed the service without written authorization.

Garcia is seeking unspecified damages and is asking the court to broaden the case to include all Xbox Live customers in Georgia hit with similar problems.

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.

Link:


http://www.informationweek.com/news/showArticle.jhtml;jsessionid=043KYVCPZHNQUQSNDLPCKH0CJUNN2JVN?articleID=202805930&subSection=News

Hopefully nothing will come of this. The kid misrepresented himself by claiming to be 18. Talk about a frivolous lawsuit.

[Highlite23-XBA]

Things like this drive me up a wall, just like blaming developers for minors purchasing "M" rated games, or getting in an uproar over television content.

Being a father of 3 I have no problem saying this...

WHEN ARE YOU PARENTS GOING TO STOP BLAMING OTHERS FOR YOUR INADEQUATE PARENTING!!:cuss:

I know what my kids watch, play and purchase. If I'm uncertain I find out what the issue is and make a choice for them. If they make there own choices behind my back, there are consequences, its your job to PARENT.

This country has gone insane, I always remember the woman who sued McD's for burning her lap with hot coffee...its coffee, its supposed to be hot. :bang:

Anyway, I'm done ranting :cuss:

[GamerSince'76]

Things like this drive me up a wall, just like blaming developers for minors purchasing "M" rated games, or getting in an uproar over television content.

Being a father of 3 I have no problem saying this...

WHEN ARE YOU PARENTS GOING TO STOP BLAMING OTHERS FOR YOUR INADEQUATE PARENTING!!:cuss:

I know what my kids watch, play and purchase. If I'm uncertain I find out what the issue is and make a choice for them. If they make there own choices behind my back, there are consequences, its your job to PARENT.

This country has gone insane, I always remember the woman who sued McD's for burning her lap with hot coffee...its coffee, its supposed to be hot. :bang:

Anyway, I'm done ranting :cuss:

Sad that the woman won the coffee lawsuit. That maggot probably would have sued if her coffee was cold.

Funny how companies now cover their arse by putting warnings on everything. I once bought a cardboard sun shade for the front window of my car. You guessed it. It read: "Caution. Do not operate motor vehicle with shade in place". :rofl:

[Highlite23-XBA]

"Caution. Do not operate motor vehicle with shade in place"

:bang:

And we sell these to people with a DL.....? There's no hope, wheres my gun :sleeping:

[Ainokeatoo-XBA]

Link:


http://www.informationweek.com/news/showArticle.jhtml;jsessionid=043KYVCPZHNQUQSNDLPCKH0CJUNN2JVN?articleID=202805930&subSection=News

Hopefully nothing will come of this. The kid misrepresented himself by claiming to be 18. Talk about a frivolous lawsuit.

Ok this guy is retarded for a few simple reasons, the idiot let his kid use the card, and isn't a subscription *if you use a credit card to pay for it* automatically renewed when it's up? So technically it's frivolous... Not to mention the kid claimed he was older than he originally was.

[Sam-XBA]

When my Iron states "Do not use on clothes on body" you know something's up...

[Variation-XBA]

This is CLEARLY Microsoft's fault for not sending someone from head office to his house and actually give a thumbs up or down to the person signing up for LIVE.

This will be a new feature in 2008's rollout of Xbox Live

[Chupacabra]

Its a law now stateing, that if something happens twice then it must receive a warning or picture.

Now here is my question.

This is taken from a Automatic Transmission Dyno from my shop.

http://c.myspace.com/Groups/00008/67/04/8454076_l.jpg

So this happened more then once? Did no one learn from the first time?

[Kraft]

This is taken from a Automatic Transmission Dyno from my shop.




Wow, whats the rent like in Toon Town?

[Reclaimer]

When my Iron states "Do not use on clothes on body" you know something's up...

Better still, when my son's cold medicine.. mind you, labeled as "Children's Cold Medicine" has a warning label to not drive a motor vehicle or operate heavy equipment while taking this medication..."

He's seven years old. I don't know about you.. but I'm glad that label is there to remind parents that their little kids shouldn't be behind the wheel of a car or a crane or something.

[Ainokeatoo-XBA]

Better still, when my son's cold medicine.. mind you, labeled as "Children's Cold Medicine" has a warning label to not drive a motor vehicle or operate heavy equipment while taking this medication..."

He's seven years old. I don't know about you.. but I'm glad that label is there to remind parents that their little kids shouldn't be behind the wheel of a car or a crane or something.

Could they be warning the medicine addicts?.... Or warning your children to not operate any tonka vehicles after taking the medication? lol

[GamerSince'76]

Good thing there is no warning on condoms that says "Do not swallow" or "not to be taken internally". :watchout:

[Ainokeatoo-XBA]

Good thing there is no warning on condoms that says "Do not swallow" or "not to be taken internally". :watchout:

Oh yeah but there's a warning that the ****ers only 97% effective -_-

[mattgame]

Lawyers are the devils workmen. Listen, if this guy didn't know how his son ended up playing an online game then that's his fault. My son tried to steal an account so to speak, I asked him, "oh when did you get this tag?" he responded, "my friend gave me this hook up and...." "Say no more, you better not use it or you're done!" Problem solved. Parenting means to sometimes or as much as you can follow up and see what your kids are up to. Hell this guys son probably orders porn on his cable bill and watches with his 13 year old girlfriend. They probably have sex during the movie while drinking Heineken and smoking that haze. And the Father Of The Year award goes to................................................................

[Ainokeatoo-XBA]

And the Father Of The Year award goes to................................................................

AINOKEATOO ^^ Yes Hoooah!

[thatdude222]

Hell this guys son probably orders porn on his cable bill and watches with his 13 year old girlfriend. They probably have sex during the movie while drinking Heineken and smoking that haze. And the Father Of The Year award goes to................................................................
that's my kind of a good time.

[ShannonX]

What was the dad doing when his kid was signing up for the service? Spanking it to playgirls?

[FaTBaLLa21]

lol funny

[Conchord]

That's one thing I don't like about these kind of subscriptions. Somewhere, buried in that fine print, they tell you "We will also be taking money from your account without warning to continue your subscription... you must manually call and cancel to stop this."

I've been overdrafted on these kinds of charges before. Enough to sue over? Probably not. But I would end up beating my child senseless.

[mattgame]

Yeah he was spanking the monkey. He was watching the NY Spankees. Maybe a little spankavision. The fathers fav little rascal was Spanky.

[bloodlines]

Well as long as people are allowed to sue for these type of things, they will. I mean I can sue Dell for not putting a warning on the screen. Staring at this thing could make me lose eyesight. So who's to blame, well me, cause I should know better. And so should these people. Why did it take him until the second time to notice anyway. Didnt he see the 50 charge on his first bill?

[1337haxpwn]

i hop taht mirocfost luses this lawsoot and has to taek down xbox live snice it sux anywaes. PSWII 4 EVER!!!

[bloodlines]

Uhhhh...Microsoft has enough money to pay this guy back his $50, plus the $50 from before, plus what he may be asking for. This wont hurt Microsoft at all. If I were Bill Gates I would pay this guy straight outta my pocket. "You know what, let's cut the middle man."*tears two 100 dollar bills from his toilet paper roll*

[Conchord]

Didnt he see the 50 charge on his first bill?

He probably just assumed it was the annual renewal of his "Fisting Firemen" website subscription.

[Ainokeatoo-XBA]

i hop taht mirocfost luses this lawsoot and has to taek down xbox live snice it sux anywaes. PSWII 4 EVER!!!

>.> I hope you get fisted from some man in prison.

[Conchord]

i hop taht mirocfost luses this lawsoot and has to taek down xbox live snice it sux anywaes. PSWII 4 EVER!!!

I would like to be the first to say welcome to XBA :cheers:

[bloodlines]

lol Lots of talk of fisting going on in here lol. I'm new, do you guys always have drive-bys like that. I thought this was a good neighborhood. :mad:

[Conchord]

I thought this was a good neighborhood. :mad:

It is, if you don't mind the occasional fist.

[bloodlines]

lol I meant the fanboy driveby...how many times does that happen?

[Conchord]

Oh him. Well, I haven't seen on of those in at least a year, so not too often.

Welcome to the site, bloodlines :cheers:

ps You wouldn't happen to have a line on some pain killers, would you?

[bloodlines]

Oh you mean like oxycotton, and whatnot...naw not really, although my mom is a MA.
Anyway thanks for the invite man, I guess I shuld have made a topic in the new members section...watever.

[GamerSince'76]

>.> I hope you get fisted from some man in prison.


I worked in a prison for 17 years...two funny stories on this topic.

-One inmate was humping another inmate and the guy getting humped had artificial legs which were not attached at the time. He couldn't get away.

-The head of a major gang was caught naked on top of another naked inmate. The inmate who was the gang leader says they were just "wrestling".

[Ainokeatoo-XBA]

I worked in a prison for 17 years...two funny stories on this topic.

-One inmate was humping another inmate and the guy getting humped had artificial legs which were not attached at the time. He couldn't get away.

-The head of a major gang was caught naked on top of another naked inmate. The inmate who was the gang leader says they were just "wrestling".

--__-- Thank you for implanting a picture that will never be erased from the confines of the deepest parts of my mind... Although that's not as bad as 2girls1cup.com or 2girls1finger.com or the pain olympics >.> but that's really close...

[bloodlines]

o_O pain olympics....nevermind, don't wanna know.

[Ainokeatoo-XBA]

o_O pain olympics....nevermind, don't wanna know.

If you care about your genitals and the possibility of fathering/mothering a child one day don't look it up o.o

[Conchord]

That's disconcerting.

[Xbox Live Man]

I lol'ed

[Snake Eyez]

Oh you mean like oxycotton, and whatnot...naw not really, although my mom is a MA.

Did you forget one letter and mean to tell us that your mother is a .......MAN:watchout:

Anyway, this is why I use debit cards rarely. Gas and food are the only things I use the card on since a CC provides much better security for everything else.

[mattgame]

I worked in a prison for 17 years...two funny stories on this topic.

-One inmate was humping another inmate and the guy getting humped had artificial legs which were not attached at the time. He couldn't get away.

-The head of a major gang was caught naked on top of another naked inmate. The inmate who was the gang leader says they were just "wrestling".

How savage to take a mans virginity who has no legs?!?!:mad:










































:rofl::rofl:

[GamerSince'76]

How savage to take a mans virginity who has no legs?!?!:mad:










































:rofl::rofl:

Anal virginity to boot. Inmates can be cruel. There were two of them fighting and one guy bit off the tip of another guys finger. I carried the finger to the hospital in a ziplock bag filled with ice. There was a Code 555 (fire) at the hospital. They didn't evacuate (false alarm) but the ice started to melt. It was weird to see the little gobs of flesh mix with the melting ice.

It was all for not. You can't re-attach when it's a human bite so the doctor clipped off the jagged exposed bone and sewed the finger up. Prison stories. I have a million of them.

[Whisper]

In one of my dads many weekend stays in jail, he shared a cell with someone who bit off the finger of a guards hand that came in. My dad was standing right beside the inmate as he bit at the hand through the cell.

He bit it off and it dropped to the floor.. the guy just said over and over "huhuhuuhuh i bit off your finger man!"

Is finger losing the most common injury for correctional officers? Inmates seem to be hungry.

[Variation-XBA]

That sucked Whisper, give up :P

[Conchord]

If I was a prison correction officer, I would not say one word to any of them. I wouldn't even look at them. As soon as one so much as stepped out of line, I would burn their eyes out of their skull with mace, and taze them until their clamping jaws broke every one of their teeth.

I would then slowly get up, grab them by their hair, and very purposely drag them into solitary confinement.

[GamerSince'76]

In one of my dads many weekend stays in jail, he shared a cell with someone who bit off the finger of a guards hand that came in. My dad was standing right beside the inmate as he bit at the hand through the cell.

He bit it off and it dropped to the floor.. the guy just said over and over "huhuhuuhuh i bit off your finger man!"

Is finger losing the most common injury for correctional officers? Inmates seem to be hungry.

Getting hit in a fight I would say is the most common or when other guards respond to a code call, everyone just piles on. I've seen guards injured by other guards piling on trying to get to the inmate. You just get tunnel vision when a fight breaks out.

If I was a prison correction officer, I would not say one word to any of them. I wouldn't even look at them. As soon as one so much as stepped out of line, I would burn their eyes out of their skull with mace, and taze them until their clamping jaws broke every one of their teeth.

I would then slowly get up, grab them by their hair, and very purposely drag them into solitary confinement.

They get snacks from canteen at cheaper prices than most of us pay. Play cards even though gambling is not allowed and get better cable than I get at home. They even have board games. If they get a stale muffin they are on the phone to the ombudsmun. It's insane.