Microsoft Sued Over Minor Subscribing To Xbox Live

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Microsoft is being sued by some guy because his kid used his debit card to sign up for Xbox Live without permission. I’m not sure what grounds the man thinks he has since the kid stole the debit card and falsified his age to sign up but the man is seeking class action status.

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.
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This is whats wrong with the judicial system in this country. Any idiot can file a lawsuit because they refuse to be a good parent and watch over their kid and seek to blame someone else.
 
dont sue microsoft beat your kid. I hate fake lawsuit get rich quick a**holes in this country
 
Yeah, because Microsoft called the kid and told him "Steal your dad's card!"

:rolleyes:
 
or maybe the dad intentionally let his kid steal the debit card, sign up on xbox live, and then get a freebie lawsuit! whee this world is sure fun to mess around with :rolleyes:
 
Microsoft should counter sue him for being a bad parent, the kid for being a thief and the guys bank for allowing such an idiot to have an account.
 
The article says he signed up for xbox live in 1995???? I didn't know it exists already then! :confused:
 
Didnt XBL just celebrate its 5th year???? (see front page news)
The guy is an idiot for not checking his accounts more carefully. and for claiming XBL was running in 1995????
Any lawyer who would even take such a case is a bum, looking to feast off the large corporation who doesnt want to screw with this trivia.

I hope MS goes to court, wins, and makes the guy pay their attorney fees.
 
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.
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With the experience I've had with Xbox Live, I can see how that second claim might have some merit. A couple years ago, I told them in writing to cancel my subscription, but the monkey who read my email somehow got "Please renew my subscription by putting another charge on my card right now even though I've got 2 months left!" out of it. After firing off several emails back and forth telling them that, no, I didn't want to renew my subscription, they refused to cancel and remove the charge unless I called them. Well, at this point, I didn't trust them unless I had a statement from them in writing that they would no longer charge my credit card, and told them so. So I sent copies of my correspondence with MS to my bank and they removed the charge from my card.
 
Great, just great. :mad:

One of the things I like most about XBL is the ability to add points with a few button presses, buy movies (actually TV content), add ons and other content. I can see a whole new set of controls being added so that buying anything on XBL will require a retina scan :(
 
I'd tell the guy we're sorry that your debit card got used without your permission. It's a plain cut and dry case of identity theft, and we will be bringing charges against the person who stole your debit card.
 
Great. Another fucktard that thinks the country owes him something. MS should be able to counter-sue for wasting their time / money.
 
I'm gonna sue HardOCP because they use the word Hard in their name and it makes me want to look at porn..:D
 
Microsoft gave him back this his $49.99 just not the $35.00 overdraft fee.

I have to agree with a few of the others here, 1 sue the son for identity theft. 2 beat the child.

I guess if there is a law that states autrenewals have to be agreed to in writing and that electronic signitures don't count then he might have a tad to complain about there. However i'd assume that it either asked his son, or told him that they would do it, when he signed up. Thus his son, using his stolen card and preforming fraud himself in lieing about his age, agreed electronicly to allow autorenewal of the account. Thus his son knew during the time of his illegal activity that his dad's card would be charged again and did agree to have that happen.

Either way you look at it, the kid should have charges brought against him and should be the one responsible for paying his dad back the over draft fee. It isn't Microsoft's fault that this man didn't have money in his account when his son used his card to purchase something from them.
 
Rinderanzug said:
With the experience I've had with Xbox Live, I can see how that second claim might have some merit. A couple years ago, I told them in writing to cancel my subscription, but the monkey who read my email somehow got "Please renew my subscription by putting another charge on my card right now even though I've got 2 months left!" out of it. After firing off several emails back and forth telling them that, no, I didn't want to renew my subscription, they refused to cancel and remove the charge unless I called them. Well, at this point, I didn't trust them unless I had a statement from them in writing that they would no longer charge my credit card, and told them so. So I sent copies of my correspondence with MS to my bank and they removed the charge from my card.
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It's not that hard - you should have called in the first place. When I got charged for my second year after I sold my original XBox, I called up MS and they refunded my cash and cancelled my subscription. Wasn't hard at all.
 
i think everyone is missing what the point is (or at least what im thinking he is saying)

xbox live if you use a credit card automatically sets up payments, so i think what he is saying is he signed up the kid for the account didnt read what microsoft told him if he didnt cancel the account and then is pitching a fit about it.

either way /dumb
 
What's sad is the guy didnt have 50 dollars in his account to cover the payment.

But, that being said, people need to be responsible for themselves and quit blaming others for their stupidity.
Also MS refunded his money, they are not responsible for him not being able to cover his expenses.

I agree with Steve.....I 'll need a note from my mother pretty soon to use XBL and buy things......grrrrrrrrrr
 
All this is going to do is create more layers of pain-in-the-ass for everyone else.

In 6 months, so sign up for anything, anywhere, you'll end up providing:

1. Copy of SSN Card.
2. Copy of Drivers License.
3. Copy of Birth Certificate.

After all, it's "For the kids".
 
This is why I use the prepaid cards you get at Best Buy. They are also a few dollars cheaper.

If i want it to run out, it runs out, and MS has nothing to bill against.



Rinderanzug said:
With the experience I've had with Xbox Live, I can see how that second claim might have some merit. A couple years ago, I told them in writing to cancel my subscription, but the monkey who read my email somehow got "Please renew my subscription by putting another charge on my card right now even though I've got 2 months left!" out of it. After firing off several emails back and forth telling them that, no, I didn't want to renew my subscription, they refused to cancel and remove the charge unless I called them. Well, at this point, I didn't trust them unless I had a statement from them in writing that they would no longer charge my credit card, and told them so. So I sent copies of my correspondence with MS to my bank and they removed the charge from my card.
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So MS charged him and caused a bank overdraft and it cost him $35. Now as much as I like to bash MS settings up services for automatic renewal is standard practice everywhere, its bad practice mind you, but all subscription services do this.
 
TOTAL BS. The guy failed at being a parent and he wants to sue MS? I hope the judge throws it out so fast. I just wish they could do something about people filing stupid lawsuits. He should have to pay MS's legal fees for the time they spend.

This is what's wrong with kids. Parents that have no control over their children and want to blame other people. Beat the crap out of the kid and ground him for a year but, don't blame MS because you failed as a parent.
 
How is this any different than the kid using the card to signup for a porn site that auto renewed?

What would he do then? Sue the porn site?


"I swear your honor! My kid signed up for the porn site with my debit card! Not me!"
 
wow just wow! people these days.. :rolleyes: Microsoft should definitely win for this case. Besides how does microsoft knows that the kid stole his dad's debit card for XBL? :rolleyes: MS should really counter sue this guy.
 
Great point.......guy sits home all day playing XBL, doesnt have any money......bounces his debit card for the next year's payment and blames his kid......dumbass.:eek:
 
Suing Microsoft for $35 what a bunch of bullshit also this guy is obviously looking for money if he didn't have the money in his account to cover that. Would love to see him get stuck with M$ legal fees.
 
So all I have to do to avoid paying for services is:

Sign up
Use service for a while
Claim child signed up, not myself
Get full refund

Wow. I should abuse the heck out of this and then sue if it ever actually ends up costing me money!
 
If $49.99 puts his bank account into overdraft, he has a financial problem. I would recommend the dad sell the Xbox 360 and all the games. He needs to make sure that his bank account has enough money to take care of his family's needs.
 
All this bullshits really doesn't help anyone other than the plaintif.

It's like sueing the company over billions of dollars like microsoft, where that money could be going to a much better product, is waisted into assholes like these hands.... I mean seriously earn your damn money and stop blaming other people about your mistakes.... people seriously need to take some rap for there actions these days. In my parents generation this would be a TOTAL BS and the dad would be laughed upon for ever, but now days this crap is the norm...
 
Filter said:
seriously what kind of lawyer would pick this case up.
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Yea really.

Anyway the guy is pretty much saying he shouldn't have to parent his own kid. Why is this microsofts fault?

I think it is only fair that MS counter sues the kid for faking the contract which means it ends up hitting the parent anyway.
 
danmoody said:
dont sue microsoft beat your kid. I hate fake lawsuit get rich quick a**holes in this country
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Me takes takes my hat off to you sir. lol, that's what I got growing up and I appreciate my parents all the more for it. Same goes for passing the blame game that that kid's dad is doing he should get his ass whooped too just as a matter of principle to set an example for his kid. Hell yeah.
 
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