Topic: Microsoft Hit With Class Action Suit Over Xbox Live Fees (Read 471 times)

Xbox-Scene · « **on:** November 13, 2007, 08:03:00 PM »

Microsoft Hit With Class Action Suit Over Xbox Live Fees
Posted by XanTium | November 13 22:03 EST | News Category: Xbox360

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From informationweek.com:

Quote

In a class action suit, Georgia resident Francisco Garcia claims that in October 1995 [note x-s: I guess they mean 2005] his son, Silvario, used his debit card to buy a $49.99, one-year subscription to Xbox Live.

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.

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.

Full Story: informationweek.com

metalcoat · « **Reply #1 on:** November 13, 2007, 08:42:00 PM »

Really? Is it necessary. This is clearly the fathers fault for just letting his son pay for it without questioning the terms. Now this is going to bring up more controls that people like us are going to have to go through.

Is this your card?
yes

Are you sure this is your card?
I just said, yes!

Please fill out your social security number with confirmation from your mother and father that it is you, If your parents are dead, please provide death certificates.
Damnit.

Are you really, really sure this is your card?
Your kidding right?

I'm sorry to inform you that your application for the possibility that you may or may not receive confirmation that you will or will not get a official application for the Xbox Live service where you have to physically sign a contract that will give you and only you the ability to play on Xbox Live has been denied.

Please wait another 90 days before applying again.

Thank You,
Microsoft's Game Division

djmattyb · « **Reply #2 on:** November 13, 2007, 08:45:00 PM »

Shouldn't the dad sue his son for using his debit card without his knowledge? That would make more sense.

88 Ecko Unltd 88 · « **Reply #3 on:** November 13, 2007, 08:49:00 PM »

LOL 1995 live wasn't available back then (IMG:style_emoticons/default/tongue.gif) i agree with x-s maybe they meant 2005

This post has been edited by 88 Ecko Unltd 88: Nov 14 2007, 04:50 AM

SuperStition · « **Reply #4 on:** November 13, 2007, 08:52:00 PM »

Same, im only 15, i cant believe they charged me without my consent, $23 =[

CoolJimKid · « **Reply #5 on:** November 13, 2007, 09:18:00 PM »

Actually, this same thing happened to me this past summer. I called xbox live support and they told me the same thing, that they would only credit me with the amount for the subscription, not for the overdraft fee. (they're bastarts out for our $$) Good thing I'm with chase though. Called chase, told them that an unauthorized withdrawal had been made on my account, and they refunded everything...thanks Chase, f-off msft

21cwSpanky · « **Reply #6 on:** November 13, 2007, 09:32:00 PM »

QUOTE

. MICROSOFT MAY CONTINUE TO SUBMIT ALL RECURRING OR PERIODIC CHARGES FOR THE SERVICE WITHOUT FURTHER AUTHORIZATION FROM YOU

Sounds like some people need to read the fine print. Recurring charges are nothing new, and have been around for many years. I really don't get how this guy thinks he even has a case.

Home Less · « **Reply #7 on:** November 13, 2007, 09:56:00 PM »

xbox live is pretty shady. i have had bad experiences and i know several friends who have had bad experiences with their subscriptions. first of all, you can't even cancel the service or remove your credit card from their billing cycle without calling and speaking to a representative who makes sure that you know all the reasons why you shouldn't be canceling.

i had a friend that used a "free" 30-day trial to xbox live and after the 30 days it started billing him but he didn't realize he still even had the service. 2 years later he had over a hundred dollars worth of charges to an account he didnt even know existed after the 30-day trial. m$ refused to refund the money and he had to pay for 2 years service that he didn't use because he didn't even realize he had.

CoolJimKid · « **Reply #8 on:** February 02, 2020, 10:39:00 PM »

QUOTE(CoolJimKid @ Nov 13 2007, 11:54 PM)

Actually, this same thing happened to me this past summer. I called xbox live support and they told me the same thing, that they would only credit me with the amount for the subscription, not for the overdraft fee. (they're bastarts out for our $$) Good thing I'm with chase though. Called chase, told them that an unauthorized withdrawal had been made on my account, and they refunded everything...thanks Chase, f-off msft

oh, i forgot to mention that i called xbox live a week before my subscription ended to tell them to cancel my account, and they didnt...a big thing to forget

trey85stang · « **Reply #9 on:** November 13, 2007, 10:44:00 PM »

kind of a retarded case.. who would spend the money on a lawyer over $35? In any case though... M$ needs to give an option to either automatically renew or not when buying live on the console. Its simply retarded that I have to make a phone call to disable the auto renewal.

g8crapachino · « **Reply #10 on:** November 13, 2007, 10:45:00 PM »

Let see...The underage son mis-represented his age and probable chose the box that agree'ed to the re-occuring charge. The father probable got multiple overdraft charges, not just one, but since Microsoft is probable the largest company listed on his bank statement he see's it as a opportunity to make himself a little money. This is just a greedy individual who thinks he has a opportunity to make some $$$ not a re-occuring consumer issue that justifies a Class Action suit.

Class action suits rarely help consumers and only raise prices. The only ones who really win in a class action suit are a bunch of lawyers. Those of you who whine about paying $50 a year for Xbox Live service will only bitch more if the price goes up to offset the cost of this frivilous lawsuit. Hopefully this suit does get thrown out.

This post has been edited by g8crapachino: Nov 14 2007, 06:49 AM

steveju · « **Reply #11 on:** November 13, 2007, 11:01:00 PM »

QUOTE(Home Less @ Nov 14 2007, 05:32 AM)

you can't even cancel the service or remove your credit card from their billing cycle without calling and speaking to a representative who makes sure that you know all the reasons why you shouldn't be canceling.

Last time I checked, you can't remove your cc details at all. MS customer support told that the details cannot be removed because "that's how the system works, sorry."

trey85stang · « **Reply #12 on:** November 13, 2007, 11:35:00 PM »

QUOTE(steveju @ Nov 14 2007, 07:37 AM)

Last time I checked, you can't remove your cc details at all. MS customer support told that the details cannot be removed because "that's how the system works, sorry."

there is a link on this board somewhere to a passport site where you can remove your credit card information... I dont remember the link but it is posted somewhere here.

DMAddict · « **Reply #13 on:** November 14, 2007, 12:38:00 AM »

Although I do believe MS should always get approval before auto-renewing. Maybe it's just me, but if you don't have enough to cover $50 in your account, an xbox live account shouldn't have been in your budget in the first place.

ca102455 · « **Reply #14 on:** November 14, 2007, 01:34:00 AM »

Surely its pretty simple when your account expires, advise a user with a pop up screen each time someone logs into 'live' thus preventing them using the service until such time i/we decide to renew the xbox live membership?

It's outrageous they automatically debit accounts every year. Come on M$ clean up your act!!!!

Author Topic: Microsoft Hit With Class Action Suit Over Xbox Live Fees (Read 471 times)