Class action lawsuit over Xbox Live consumer fraud

You are paying for the availability of the service. If you don't use it that is your choice. For example if your tv breaks and you then don't watch tv the cable company is not going to refund you the time.

I'm trying to figure out how Microsoft could know who was using the debit card. It's not like they can see into the room during the sign-up... or CAN THEY????? (you can't, right - Bill? Right??)

"Instead of suing, the man might want to get a better handle on his finances."

...and his children.

God, this is so absolutely retarded. I hope the lawyer who filed this suit for Garcia gets sanctioned for unethical conduct.

Unless, MS did not have "if you are under 18, ask your parents for permission" disclaimer. But since it seems the kid put in an age, that's not MS fault. The consumer fraud was by the consumer, not MS.

I little fraudster grew up in Georgia. Just like his papa, the big fraudster.

I used to work for a bank, and we made something like 45% of our non-interest revenue from overdraft fees.

Wait until Jack Thompson hears about how Microsoft allowed this young innocent child to subscribe to their online services!

Who says that he has improper management of his finances or suffers from not making enough money and having excess debt?

There is usually a 1 day period every month where I have anywhere from $10-60 in my checking account. Its not because I spread myself thin or because I just can't control myself. Instead, I am placing a substantial amount of money in my savings account. If this were me, I would have been just as pissed off. Grant it, that anger would have been directed to my child, but every bill and recurring fee is charted out at least a month in advance. This allows me to know just how much I have to spend on frivolties like gaming. Any type of error can usually be rectified in time, but for an unexpected charge like this - I would not be prepared.

While this gentleman may have an issue with spending or managing his finances, it is pretty stereotypical to assume that is the case from the article.

This is why I wrote "Thou shalt not steal" and "Be a good steward..."

But have mercy on this poor soul, he is destined for a fate much worse than losing a lawsuit.

Aren't contracts equally binding on the cardholder and the one using the card, assuming they're different people? So even if they throw out the contract with the minor, it is still binding on the father, isn't it?

And even if the court rules the minor entered into the contract without his father's permission, the minor lied about his age when entering the contract and thus the contract is still binding. It can be voided and both parties required to return the goods, if possible.

I'm not sure what would happen if the goods are in fact a service which cannot be returned.

ck, learn how to read. I said that there are exceptions to this. But the sad reality is that most people live beyond what they can afford. I have a problem with people need aid but still can afford cell phones, nice cars, vacations, cable, and Internet. I worked for Walgreens and witnessed people who had these luxuries but still needed the state to flip the bill. And who pays for this? The tax payer. If people are in need of help and they are doing the best they can, then I have no problem with them getting help.
One other thing, what ever happened to working 2-3 jobs to make it? I had to do it at one point and didn't ask the gov for help. Maybe you should look for a better paying job than blockbuster and your standard of living will get better

And I do believe America is great. It is the only country that give the individual the best chance at making a good life for themselves. After I left Walgreens, I started my own business because a)I worked hard, b) I worked at making a change in my life, and c) the freedoms we have in this country allowed me to do this.

I read about this on Google News yesterday. The guy may have had a case against Microsoft if they had refused to return his money. But, they did. It is not Microsoft's fault that his kid fraudulently used his debit card, had the service for a year, then the card was charged again for renewal. It's also not Microsoft's fault that the man's account was overdrawn and his bank charged him a fee.

There are some major questions to be raised here:
1. The dad must have known the kid used his debit card to purchase the account in the first place. What happened once he found out?
2. The kid must have lied about his age to use the card, and have checking the reoccuring billing box on his initial sign-up. Why didn't the dad question this initially?
3. The dad may have been unaware that he was going to be billed again once the year had lapsed, but still should have checked. Why didn't he?
4. Obviously, if the dad did know his kid got an Xbox Live account (Which, judging by the way this guy sounds so far, is most likely the case) he let the kid keep the account with the intent of making the kid pay for it or shutting it off once the year had lapsed. So, he had to know what the kid did, but didn't know his card would be hit again. But still, that's grounds for a ruling against him. The right thing would have been for the dad to make inquiries as soon as he found out his card had been used the first time. Why didn't he?

Quite simply, if the guy has such little money in his bank, that a $50 charge is going to overdraft his account, one can speculate that a year prior the guy would have noticed if he had a charge for $50. Thus, my conclusion that the dad knew what happened initially, and sheer stupidity probably followed the 2nd time his card was hit. It certainly doesn't merit a lawsuit.

For ppl that make comments about the bank should do this an do that about overdrafting etc..its called a register aka keep tabs on your account yourself..manage your shizz...don't blame others for your own irresponsibility

The thing is, this isn't even a class-action suit. The plaintiff is seeking class-action status, but it hasn't been granted, making the entire article (and therefore this post) somewhat misleading. It's not a class-action suit simply because the plaintiff wants it to be.

Wait., so its microsofts fault and not the fathers for keeping a closer eye on what the squealing brat he helped create? I dont get whats wrong with the world nowadays, NOONE seems to be willing to admit personaly responsibility unless it gains them in some way :|

of one thing the date of birth is easy to fake... a kid could easily claim he was 20 years old... with no way to actually verify that there is nothing microsoft could do to make sure that a child that is not old enough to do what this child did..

and its as of the overdraft charge... it will have to be something that he has to take up with the bank..
if he expailns the situation also telling them that money was refunded back they may take the overdraft charge off seeing that is a mistake...

and another thing its his fault that he didnt pay enough attention to his child to make sure he doesnt do things like that....

is it microsofts fault... no it isnt... yet they understood the situation and refunded the money...

the court will see this and throw the case out of court

you guys realize he may have recieved the xbox 360 as a gift...

What else is there to say, some people are just idiots.

when i first saw the name Francisco Garcia, i immediately thought of the NBA's Sacramento Kings guard of the same name. i was thinking 'this guy is a millionaire, why does he care about a dammed overdraft fee?' but now i realize that was silly lol.

A little commentary:
http://lawofthegame.blogspot.com/2007/11/kids-cards-and-class-actions-xbox-live.html

If this guy wins his court case, the end of the world is nigh.

Shoot, he should have to reimburse Microsoft for their legal fees after this joke of a trial gets thrown out of court. Of course, if he didn't even have the $50 in his bank account to cover the Live subscription I doubt they'd get much.

Instead of giving stupid commentary about the guy when in Georgia MS did in fact violate our state law and is he entitled to overdraft damages, maybe you guys should work on your reporting skills since you basically just rip info from other sites and act like you are “reporting” something. Can some one say libel (vilification)? Maybe he should take your advice and get a "better handle on his finances" with some papers being served to this site.

"The best part is that he didn't even have the money in his account to pay the renew fee and then wants MS to pay the overdraft charge because he didn't have the cash in his account."

Let me get this straight, Alexander Sliwinski: You're attacking a person for being poor?

Assuming the courts were to find the original charge to be in error (questionable, but that's beside my point), a person cannot be held accountable for an overdraft on a bogus charge.

Maybe it's time for you to finally write that book on how to be a fatcat douchebag. Because you're certainly well on your way to making Bill O'Reilly look like a hippie.