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Man sues Microsoft after $35 bank charge

by Steven Williamson on 15 November 2007, 10:48

Tags: Microsoft (NASDAQ:MSFT)

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Son claimed to be older

Francisco Garcia, from the US state of Georgia, is suing Microsoft for consumer fraud after receiving a $35 overdraft fee on his debit card following a subscription to Xbox live that he claims he didn't authorise.

Garcia's son apparently used his father's credit card to subscribe to the Xbox live service and when it was atomically renewed after one year, it took his bank balance over his agreed credit limit. Garcia claims that he wasn't aware that his son used his card and despite Microsoft refunded the initial subscription amount, he's still angry that he was left with a $35 bill to pay.

According to Information Week, Garcia claims that Microsfot has broken the law by allowing a minor to "to enter into a contractual relationship using his debit card. "

Microsoft are said to have quoted their Terms & Conditions, which are digitally signed prior to them taking money from your account,and also claim that the minor lied about his age.

Blimey, this guy really mustn't have anything better to do...someone give him $35.

Source :: Information Week


HEXUS Forums :: 9 Comments

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Posted by EvilWeevil - Thu 15 Nov 2007 11:16
Ahh, the sweet smell of frivolity!

Microsoft should just give him his $35, as knowing the US legal system he'll probably end up with millions in damages if it goes to trial.
Posted by Carlh - Thu 15 Nov 2007 11:38
Although I think the Xbox Live service is great I too have several reservations for using any type of credit card or debit card to renew the subscription.

1) Microsoft have no way of removing the credit/debit cards

2) The server keeps all the details on file therefore for example I have my credit card register to my Live account - for anyone to purchase anything it really should ask them to confirm the CVV number for the card being used however it doesnt and all purchases all you need to do is click a to confirm

A couple of months ago I left my xbox signed into the Live service on the Dashboard and went into the kitchen to make a brew, when i came back I noticed that my son (whos 18 months old) was sat with the xbox controller in his hands (Mrs was in the room with him at the time) …. a few clicks of the button later and he managed to purchase Luxor …. wouldnt mind but the game is pants :(

I phoned Microsoft and told them that I wanted the card details removing and was advised that the best solution as they cant remove details would be to turn auto sign in of the profile off and sign out when I wasnt near the console …. WTF
Posted by Steve B - Thu 15 Nov 2007 11:47
when are people going to take responsibility for their actions?
If my child used my credit card to pay for something, I'd be getting them to pay me back, not suing the company who took the money. what a waste of time!
It irks me that society is heading in this direction.
Posted by steve threlfall - Thu 15 Nov 2007 13:32
I agree. Carlh, you should pursue your 18 month old son for reimbursement :D
Posted by mycarsavw - Thu 15 Nov 2007 13:40
Steve B;1265295
when are people going to take responsibility for their actions?
If my child used my credit card to pay for something, I'd be getting them to pay me back, not suing the company who took the money. what a waste of time!
It irks me that society is heading in this direction.

Well said, but check where the person who is suing lives.

It's America, sue or be sued. I could type a big long list of idiots who have sued for being an idiot, but we'd venture too far off topic.

Hot coffee anyone?

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