It'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.
Well, he should have just told his son to get a 1-year subscription card. Then nothing would have been charged to his credit card. If you just sign up for Live (actually almost any subscription based service), in the terms of service it says that after the 1 year (or whatever term) it will automatically renew, the onus is on you to cancel before it renews. Second, you're a grown man. Keep more than $50 in your checking account. If you can't, dont get your child a $400 gaming system that plays $60 games.
2 comments:
Damn Straight!
Well said Malcolm!
I'm curious if they dropped him an email before the withdraw was made? Either way, he should have been a man and canceled the service before it expired.
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