Did you hear about this lawsuit??

In the new issue of OXM, in the 'Inbox' section, a guy in Virginia (I think) is suing MS for overdrawing his bank account! Basically he signed up for XBL Gold and when it did its yearly renew, he didn't have the $49.99 in his account to cover it, so he was subsequently charged an overdraft fee. Which with most banking institutions it's about $35. This is insanity people!

In the new issue of OXM, in the 'Inbox' section, a guy in Virginia (I think) is suing MS for overdrawing his bank account! Basically he signed up for XBL Gold and when it did its yearly renew, he didn't have the $49.99 in his account to cover it, so he was subsequently charged an overdraft fee. Which with most banking institutions it's about $35. This is insanity people!

EnderSR388

what loser can't keep at least 100.00 in their bank acc.?tina661

Probably about 1/3rd of the people living in the US.

[QUOTE="tina661"]what loser can't keep at least 100.00 in their bank acc.?Bgrngod

Probably about 1/3rd of the people living in the US.

and he can afford a 360+games+live+a TV?

his fualt ALL live acconts get messages befor it runs out and say chagne your accont info if you dont want renewed something like that

kind of sad cant keep 50 bucks in a bank accont he need stop wasteing time playing games and work some

[QUOTE="Bgrngod"]

[QUOTE="tina661"]what loser can't keep at least 100.00 in their bank acc.?Xeros606

Probably about 1/3rd of the people living in the US.

and he can afford a 360+games+live+a TV?

actually he cant afford live, thats wat this whole thing is about

[QUOTE="Xeros606"][QUOTE="Bgrngod"]

[QUOTE="tina661"]what loser can't keep at least 100.00 in their bank acc.?bssauter13

Probably about 1/3rd of the people living in the US.

and he can afford a 360+games+live+a TV?

actually he cant afford live, thats wat this whole thing is about

i thought it was about microsoft overcharging his bank account, and his bank charged him an overdraft fee. and he thinks its unfair.

what loser can't keep at least 100.00 in their bank acc.?tina661

Alot of people, more than you know. But not all of us have our daddies bailing us out.

[QUOTE="bssauter13"][QUOTE="Xeros606"][QUOTE="Bgrngod"]

[QUOTE="tina661"]what loser can't keep at least 100.00 in their bank acc.?Xeros606

Probably about 1/3rd of the people living in the US.

and he can afford a 360+games+live+a TV?

actually he cant afford live, thats wat this whole thing is about

i thought it was about microsoft overcharging his bank account, and his bank charged him an overdraft fee. and he thinks its unfair.

You are correct.

He can't sue his bank because they did exactly what he asked them to: Give the money to MS when the ask for it.

He should be suing himself for agreeing to let them take the money. If anything he could try to get upset with his bank for proceeding with the transaction even though it put his account into the negatives, but they would just laugh at him since there are spelled out rules indicating the bank will always honor an aproved requrest like this.

He's screwed. Plain and simple.

EDIT: Ok, yes he CAN sue them. But he can't sue them and WIN.

He can't sue MS because all they did was exactly what he told them to: Auto-withdraw the cash.

He can't sue his bank because they did exactly what he asked them to: Give the money to MS when the ask for it.

He should be suing himself for agreeing to let them take the money. If anything he could try to get upset with his bank for proceeding with the transaction even though it put his account into the negatives, but they would just laugh at him since there are spelled out rules indicating the bank will always honor an aproved requrest like this.

He's screwed. Plain and simple.

EDIT: Ok, yes he CAN sue them. But he can't sue them and WIN.

Bgrngod

well said, well said

makes sense to me... its his responsibility to be able to pay. If he can't handle paying automatically he should have bought the cards.Fergy33WF

no actually i'm pretty sure that if you have no money in your account then microsoft whould just cancle the subscription and send an e-mail to explain that your gold account has been terminated, but can be renewed at any time. basicly micorsoft made a critical finacial decision for him and some part of that is probably illegal. i know it is in canada anyways.

Microsoft really should send a notice a week in advance though. Miguel16

they do, my live runs out in about a month and earlier this week i got an email saying it was about to expire and if i wasnt signed up for automatic payment then to buy an x box live card and enter it before the time runs out

This guy had trouble paying for Xbox Live. Does he honestly believe he'll have a chance in suing Microsoft? They'll just keep having the trial pushed back and this guy will run out of whatever money he has left. Thats even if it goes that far, the judge might just laugh at him and make him pay for wasting everyone's time.

this is from xbox.com under x box live then xbox live terms of service.

6.5 Subscription Renewal. If you sign up for a Service or Other Item that is a monthly subscription, then unless the terms of that subscription state otherwise, your subscription will automatically and continuously renew from month to month and if it is a subscription that requires payment of a fee, your Payment Method will be charged unless you cancel your subscription prior to the end of that month. If you are subscribed for longer subscription periods (e.g., 3, 6 or 12 months) then unless the terms of that subscription state otherwise, your subscription will automatically and continuously renew for such period and if it is a subscription that requires the payment of a fee, your Payment Method will be charged at prices then in effect

i know t.o.s are such a hassle to read, but you got to at least skim thru them.

That is not the whole story.

I saw it sometime ago...

Source: TGDaily

"Atlanta (GA) - Francisco Garcia has filed a class action lawsuit against Microsoft because he claims that the Xbox Live renewal procedure is systematic consumer fraud.

Garcia says that in October 2005, his underage son used his debit card to purchase a one-year subscription to Xbox Live Gold for around $50.

One year later, the service was automatically renewed and Garcia's bank account was charged an additional $50. That caused the account to be overdrawn, forcing a $35 penalty.

Garcia's lawsuit says that Microsoft "fraudulently induced a contractual relationship for Xbox Live services." He alleges that the software giant is in violation of Georgia law by allowing a minor to sign up for the service and not inform him of the renewal ahead of time.

So far, Microsoft's involvement in the case has included a request to have the case moved from Georgia State Court to a federal court. It has also filed a motion for dismissal

Microsoft sends confirmation e-mails to the address on file whenever a purchase is made from an Xbox Live user's account. Additionally, it sends out renewal notices about a month before Xbox Live Gold subscriptions are about to expire or become automatically renewed. The renewal policy is also listed in the terms of conditions for new account purchases."

Regardless, I don't belive he has a case at all.

I dont believe microsoft has the right to automatically withdraw from our account. When you insert a code for a points card it asks if your "sure you to renew" why don't they ask if you want to renew your live status to gold? Its greedy and a bit shady imo.Danold

Microsoft has the right to automatically withdraw from your account when you sign up, give all of your bank account info, and sign a contract for a subscription to their service.

Uhh. He said "here, take my money". They took it. He didn't have the cash. He's in the wrong.

ESPECIALLY if he's suing for more than the 35$ overdraft.

Unless I read that wrong, they charged him $50, and then ANOTHER $50, which put him in the red.Fredrick2003x

You read it wrong.

They charged him 50$ one year ago when his son registered his bank card to get a year of live. It then charged him 50$ again this year to renew the account, AS THE CONTRACT says it would, and as he was warned a month ahead in advance.

" Do you agree to the terms ?" Bump.....

the dude iss at fault for preauthorizing payments to microsoft. Microsoft really should send a notice a week in advance though. Miguel16

I do agree that all services should send notice that a renewal is coming up. Even if it's automatic. But this guy did tie his XBL to his account so I can't blame MS.

That is not the whole story.

I saw it sometime ago...

"Atlanta (GA) - Francisco Garcia has filed a class action lawsuit against Microsoft because he claims that the Xbox Live renewal procedure is systematic consumer fraud.

Garcia says that in October 2005, his underage son used his debit card to purchase a one-year subscription to Xbox Live Gold for around $50.

One year later, the service was automatically renewed and Garcia's bank account was charged an additional $50. That caused the account to be overdrawn, forcing a $35 penalty.

Garcia's lawsuit says that Microsoft "fraudulently induced a contractual relationship for Xbox Live services." He alleges that the software giant is in violation of Georgia law by allowing a minor to sign up for the service and not inform him of the renewal ahead of time.

So far, Microsoft's involvement in the case has included a request to have the case moved from Georgia State Court to a federal court. It has also filed a motion for dismissal

Microsoft sends confirmation e-mails to the address on file whenever a purchase is made from an Xbox Live user's account. Additionally, it sends out renewal notices about a month before Xbox Live Gold subscriptions are about to expire or become automatically renewed. The renewal policy is also listed in the terms of conditions for new account purchases.TGDaily

Regardless, I don't belive he has a case at all.

That is not the whole story.

I saw it sometime ago...

tbolt76

Good post! Like I said, I read it in an OXM issue. You know there not going to give the WHOLE story since they support MS. It also didn't state that the case was from 2005 either.

So it sounds like he let his underage son use his debit card, without properly finding any information on the service that his son was about to sign up for, which signing up for XBL is technically a contractual agreement. Hmm, sounds like his fault. The only thing I can see is that he might say that MS engaged in a contractual agreement with a minor. I would still think the father would be at fault since the child is under his supervision, right? I think it's a stupid suit and completely ridiculous!

[QUOTE="tbolt76"]

That is not the whole story.

I saw it sometime ago...

EnderSR388

Good post! Like I said, I read it in an OXM issue. You know there not going to give the WHOLE story since they support MS. It also didn't state that the case was from 2005 either.

So it sounds like he let his underage son use his debit card, without properly finding any information on the service that his son was about to sign up for, which signing up for XBL is technically a contractual agreement. Hmm, sounds like his fault. The only thing I can see is that he might say that MS engaged in a contractual agreement with a minor. I would still think the father would be at fault since the child is under his supervision, right? I think it's a stupid suit and completely ridiculous!

MS didn't engage in a contractual agreement with a minor, a minor fraudulently engaged (he started it, it wasn't microsoft offering) the contractual agreement.

If anyone should be suing anyone, it would be microsoft suing them for fraud.

In the new issue of OXM, in the 'Inbox' section, a guy in Virginia (I think) is suing MS for overdrawing his bank account! Basically he signed up for XBL Gold and when it did its yearly renew, he didn't have the $49.99 in his account to cover it, so he was subsequently charged an overdraft fee. Which with most banking institutions it's about $35. This is insanity people!

EnderSR388

Llol what a tool, if he had any common sense he would ask the bank to drop it if it was his first time. People who think they can take on "the man" aka corporatism are so naive.

In the new issue of OXM, in the 'Inbox' section, a guy in Virginia (I think) is suing MS for overdrawing his bank account! Basically he signed up for XBL Gold and when it did its yearly renew, he didn't have the $49.99 in his account to cover it, so he was subsequently charged an overdraft fee. Which with most banking institutions it's about $35. This is insanity people!

EnderSR388

Llol what a tool, if he had any common sense he would ask the bank to drop it if it was his first time. People who think they can take on "the man" aka corporatism are so naive.

[QUOTE="tina661"]what loser can't keep at least 100.00 in their bank acc.?wittbolds

Alot of people, more than you know. But not all of us have our daddies bailing us out.

i dont know man,,, me and every single one of my friends can... infact i dont even know a poor person :(

damn canada....

Case doesn't have a leg to stand on.

MS cannot be held liable. How are they supposed to verify age of a buyer if the buyer provides all the correct information. Furthermore, I am sure MS did send notifification, through email, that the purchase had been made. It is not their responsibility to verify email account with buyer card info (there is no way anyway). To blame them you also have to blame the entire banking establishment. Plus, why didn't the guy notice the first time his son did it and cancel the account or at least contact MS and remove the autodraft?? It is not MS's job to make sure he has the money to pay for it.

What a sad sorry litigous society we live in.

MS's lawyers know he won't win too. Note how they asked that the case be removed to a federal court. They know they will win and want the precedent set on a national level to kill all further silly lawsuits. Unless Georgia's law has something in it that makes it tricky. But I can see the arguement that it belongs in a national court.

Denny Crain!!

This guy is a MORON!! First of all a statement that M$ will be charging you "said" money on your account is available to be seen by the custumer on your bank statement. It's can be easily accessed through online banking. Secondly, M$, after showing you that they will charge you money, takes around 2-5 business days to actually witdraw the money from your account!! So, this guy is suing M$, because his son signed up for a subscription that renews itself, much like Directv, your phone services, internet services, electricity services, and water services, and had the opportunity to CANCEL his subscription prior to it renewing itself, and had a 2-5 day grace period to bring his checking account to balance but he didn't and now wants someone else to be BLAMED?????

What the heck is wrong with this country? Worse is this idiot has a child and he does not even have $50 in his FREAKING checking account!!! Can you imagine what his Savings Account looks like?

The problem with most people like this is that they do not read the terms of the contracts they are agreeing to. It is their responsibility as a consumer to be educated about the services they sign up for. It is not the responsibility of Microsoft or any other company to hold everyones' hands while they use the service. People these days think they are going to get everything handed to them on a silver platter and that they can sue companies like Microsoft for not spoon feeding them every single little thing they think they need to know and make tons of money.

This guy deserved what he got and I hope the case is dismissed.

[QUOTE="EnderSR388"][QUOTE="tbolt76"]

That is not the whole story.

I saw it sometime ago...

PiNwOrM

Good post! Like I said, I read it in an OXM issue. You know there not going to give the WHOLE story since they support MS. It also didn't state that the case was from 2005 either.

So it sounds like he let his underage son use his debit card, without properly finding any information on the service that his son was about to sign up for, which signing up for XBL is technically a contractual agreement. Hmm, sounds like his fault. The only thing I can see is that he might say that MS engaged in a contractual agreement with a minor. I would still think the father would be at fault since the child is under his supervision, right? I think it's a stupid suit and completely ridiculous!

MS didn't engage in a contractual agreement with a minor, a minor fraudulently engaged (he started it, it wasn't microsoft offering) the contractual agreement.

If anyone should be suing anyone, it would be microsoft suing them for fraud.

It doesn't matter who initiates the contract. Under our law (US) a minor doesn't have the capacity to contract and any contract agreed upon is void. But this is a little different because the minor used his dads card and had no face to face contact with MS. It's kind of like the assumption that if you use a CC to purchase something online you are stating that you are an adult, over 18. And that's held up in court. So even if you end up being a minor the company won't be held liable.

[QUOTE="bssauter13"][QUOTE="Xeros606"][QUOTE="Bgrngod"]

[QUOTE="tina661"]what loser can't keep at least 100.00 in their bank acc.?Xeros606

Probably about 1/3rd of the people living in the US.

and he can afford a 360+games+live+a TV?

actually he cant afford live, thats wat this whole thing is about

i thought it was about microsoft overcharging his bank account, and his bank charged him an overdraft fee. and he thinks its unfair.

but his overdraft was because he didnt have money in the bank to pay for live

Its pretty shady MS can just charge your account automatically. I didn't know it did that and I don't remember anything what so ever saying this when I activated my account. Wish I had known and I would have gotten the cards.Ket87

Are you kidding? It's all over the "Reaccuring payments" description. How could you have missed it? I think there is even a checkbox that says "Allow automatic payment withdrawls on this account?".

[QUOTE="Danold"]I dont believe microsoft has the right to automatically withdraw from our account. When you insert a code for a points card it asks if your "sure you to renew" why don't they ask if you want to renew your live status to gold? Its greedy and a bit shady imo.PiNwOrM

Microsoft has the right to automatically withdraw from your account when you sign up, give all of your bank account info, and sign a contract for a subscription to their service.

Uhh. He said "here, take my money". They took it. He didn't have the cash. He's in the wrong.

ESPECIALLY if he's suing for more than the 35$ overdraft.

No they don't thats very shady and they do it without warning. I Dont constantly have the date that I bought live through my credit card on my mind so I doubt I would be prepared seeing as how I don't put every dime I have in my account.

[QUOTE="PiNwOrM"]

[QUOTE="Danold"]I dont believe microsoft has the right to automatically withdraw from our account. When you insert a code for a points card it asks if your "sure you to renew" why don't they ask if you want to renew your live status to gold? Its greedy and a bit shady imo.Danold

Sure they do. A contract was entered into with MS that said, upon a certain date, they will automatically draft X dollars from your account for a service. A contract was made. Countless online businesses do it with thousands daily as well as offline businesses (by my life insurance for example). MS is not responsible for the buyer reading the user's terms and agreements. That is why you bill renewable accounts to a credit card or savings account. So you are not caught off guard. It is no MS's fault that he doesn't monitor his cash closer. It's called 'online banking' and you can transfer money between accounts as necassarym, when needed.

Microsoft has the right to automatically withdraw from your account when you sign up, give all of your bank account info, and sign a contract for a subscription to their service.

Uhh. He said "here, take my money". They took it. He didn't have the cash. He's in the wrong.

ESPECIALLY if he's suing for more than the 35$ overdraft.

No they don't thats very shady and they do it without warning. I Dont constantly have the date that I bought live through my credit card on my mind so I doubt I would be prepared seeing as how I don't put every dime I have in my account.

[QUOTE="Bgrngod"]

[QUOTE="tina661"]what loser can't keep at least 100.00 in their bank acc.?Xeros606

Probably about 1/3rd of the people living in the US.

and he can afford a 360+games+live+a TV?

QFT.