Millions upon millions of Xbox Live fans are pleased with the online fun they get from gaming online. But not everyone feels this way. Francisco Garcia is suing Microsoft because he feels that the Xbox Live renewal procedure is an attempt to defraud the public.
The complaint arises from an Xbox Live Gold subscription that his young son obtained by using his dad’s debit card. The XBL Gold account was the standard $50 price for a year’s online account. After the subscription ran out, Mr. Garcia was charged automatically for another year.
The problem? The father’s account became overdrawn once the charge was enacted and this resulted in a hefty $35 penalty by his bank.
He is suing Microsoft because it "fraudulently induced a contractual relationship for Xbox Live services," and that Microsoft is liable for letting a minor make a credit charge, which is against the law in his home state of Georgia, and also for not informing him in advance of the coming XBL charge to his debit card.
Microsoft does, in fact, send out confirmation emails to the addresses of XBL subscribers informing them of the renewal and automatic charge in addition to the policy being stated in the TOS (terms of service) for new accounts.
This probably is just a case of a simple remedy by placing the dad’s wallet in a non-accessible place from his son and lecturing him on the problems associated with indentity theft.
Microsoft is moving to have the case moved from he Georgia State Court to a federal court and has also filed for a motion for dismissal of the lawsuit.
[via tgdaily]
