Class action lawsuit over Xbox Live consumer fraud

[8th lutz]

http://www.joystiq.com/2007/11/14/class-ac...consumer-fraud/

 

Francisco Garcia is suing Microsoft in a class action lawsuit for consumer fraud because Microsoft allowed his son to improperly use his debit card to sign up for Xbox Live. He apparently didn't notice this until a year later when he got charged with the Xbox Live auto-renew fee, but because he didn't have the $50 in his bank account, he also received a $35 overdraft penalty from the bank. It gets better. Garcia says that Microsoft refunded the subscription fee, but didn't cover his bank penalty. He says Microsoft broke the law by allowing the minor to use his debit card to sign up for the service and he is seeking unspecified damages. Garcia would like to invite all residents of Georgia to join him in this suit, which pretty much amounts to those parents admitting they can't control what their children do with their credit/debit cards. Microsoft asked the federal court to dismiss the case, saying that the man's son misrepresented his age when he subscribed for the Xbox Live service.

 

 

It is Francisco's fault for not keeping an eye one his kid. Common sense says you don't give your kid your own debit card without a parent being there for purchasing something with it. Out of anything, Francisco should give his son a spanking or give a major punishment to his son like take away his 360 for a year along at least with other different type of punishments.

 

Microsoft or any company can't control age misrepresention online without having some type of an agreement online that states the user is at or over such an age. The kid who signed up for the service broke the companies policy for xbox live. The only way a kid is supposed have the service is by his or her parents allowing the kid to sign up with the parents using their own names for the service.

Edited November 14, 2007 by 8th lutz

[Hyper_Eye]

If my son had taken my debit/credit card I would have sold (or kept for personal use) the system he did this on, he would have paid the fees in work, and he would have been grounded for at least a month.

 

Suing Microsoft would be the last thing on my mind.

[joeybastard]

If my son had taken my debit/credit card I would have sold (or kept for personal use) the system he did this on, he would have paid the fees in work, and he would have been grounded for at least a month.

 

Suing Microsoft would be the last thing on my mind.

 

Exactly, it would never occur to me that they were to blame for me being oblivious to what my kid does.

[+remowilliams]

Courts need to start slapping people (and lawyers) around financially for bringing bullsh*t like this.

[vdub_bobby]

Courts need to start slapping people (and lawyers) around financially for bringing bullsh*t like this.

You wish. Welcome to America.

[Prodos8]

What's giving it class action status? That usually happens when many people were affected by something, but only one are a few are actually are suing. The plaintiff's lawyer usually petitions for it so he can get legal fees for supposedly representing hundreds or thousands of people.

 

Its the father's fault for letting his kid use or get access to the debit card. He's lucky MS gave the renewal fee back. Case closed stop wasting the courts time and the taxpayer's dollar.

[8th lutz]

What's giving it class action status?

Its the father's fault for letting his kid use or get access to the debit card. He's lucky MS gave the renewal fee back. Case closed stop wasting the courts time and the taxpayer's dollar.

The lawyer thinks thinks there are other people in Georgia has the same problem as the person filing the lawsuit. I am sure there are more stupid parents out there that something similar happened to them and want to be part of the lawsuit.

 

I agree with the consumer fraud class action lawsuit against microsoft shouldn't be happening.

 

I known when a class action lawsuit could be legit like a bunch of people getting very sick from a resturant or a chain of resturants due to the handling of the food in the kitchen and having to go to the hospital as a result.

Edited November 15, 2007 by 8th lutz

[moycon]

I'm from Georgia and after reading this thread the last thing on my mind is sueing MS.

If anyone has that guys address though, I'll gladly go roll his house for wasting peoples time and money.

[Jess Ragan]

Garcia would like to invite all residents of Georgia to join him in this suit, which pretty much amounts to those parents admitting they can't control what their children do with their credit/debit cards.

 

Why should parents have to control anything their children do? That's the government's job, and it doesn't matter who gets hurt in the process. After all, it's for the children!

 

(throws laptop across the room in a furious rage and stomps on it for three straight hours)

[A Sprite]

Okay, so all we need to do to succeed in life, is buy debit cards, give them to each other, purchase Live accounts, then form a class action lawsuit, free from any worries of prosecution for attempted theft.

 

If it fails at all, we can write a book about it afterwards, so that other people can learn from our mistake. Those who can't read can learn from the audiotapes and attending our ethics seminars.