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.
Let's look at just some of the things wrong with this story. We have a man, who allegedly never allowed his son to subscribe to the
Xbox Live service in the first place, not realizing until a year later during the auto-renew what happened. 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. Instead of suing, the man might want to get a better handle on his finances.
{ Nov 14th 2007 at 1:27PM } 
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Reader Comments (Page 1 of 3)
HALODEITY @ Nov 14th 2007 1:33PM
OMGWTFLMFAO
HALODEITY @ Nov 14th 2007 1:34PM
BTW 1ST W00T
GRANTED @ Nov 14th 2007 1:33PM
the american dream is suing to financial freedom.
Cellien @ Nov 14th 2007 7:09PM
It's card credit card theft, and his son was the thief. Keep tabs on your kid retard.
X_Arre @ Nov 14th 2007 1:35PM
I mean, it is a bad idea to leave the card info there on the menu completely open for the kid to use, but this is just funny as hell
Moofree @ Nov 14th 2007 1:36PM
I'm just amazed that MS actually refunded the renewal cost!
HALODEITY @ Nov 14th 2007 1:36PM
couldnt he of used a prepaid card?
StrangeBum @ Nov 14th 2007 2:06PM
Really man...two stupid comments above and in this one you aren't even using proper grammar.
'couldnt he of used a prepaid card?'
let's try
'Couldn't he HAVE used a prepaid card?'
mikeshea @ Nov 14th 2007 2:46PM
"Couldn't he HAVE used a prepaid card?'"
thats awful grammar on top of awful grammar.
Proper:
Could he not just use a prepaid card.
Or even
Why not use a prepaid card?
...I hate when people try to correct and they fail just as badly.
Gangsta Smurf @ Nov 14th 2007 3:11PM
pwned
GRANTED @ Nov 14th 2007 3:20PM
Actually, "couldn't he have used" is correct grammar, even if it is a little awkward. I hate when people who feel compelled to fix the writing of others. You are NOT hot shit and no one cares about your opinions on sentence structure, mike.
rv @ Nov 14th 2007 3:23PM
Pwned reversal!
brandon_r87 @ Nov 14th 2007 4:54PM
GRANTED - "I hate when people who feel compelled to fix the writing of others."
The sentence here is also quite poor. I think you meant to remove the "who" so that the sentence read "I hate when people feel compelled to fix the writing of others."
Sorry, just joking around because I thought it was ironic you made a mistake while correcting someone, while also stating that you don't like it when people correct each other. Double irony. Not that it really bothered me, or that I doubt your ability to write good sentences. Maybe I should proofread this comment now...
TomCo @ Nov 14th 2007 9:54PM
"Could he not have used a prepaid card?"
I think I win the game.
rikimaru @ Nov 14th 2007 1:40PM
Wow! This guy is a fool.
But really, I don't like how the card info is saved to my console. Seems really unsafe.
Grant @ Nov 14th 2007 2:19PM
it's not.
It's saved on the live servers, but only the last 4 digits are viewable at any time.
rockintom @ Nov 15th 2007 11:26AM
It is still a problem that it leaves it *on* there. Anyone who uses your console is able to spend money on it with no hassles.
Burritoclock @ Nov 14th 2007 1:41PM
This is why we need a "loser pays" provision in US courts so that when this morons case is dismissed he can be hit with his attorney fees and Microsoft's attorneys fees, and a man that over drafts on an unexpected $50 would never risk having to pay such bills.
shivr @ Nov 14th 2007 2:16PM
wouldnt that prevent legitimate claims against corporations as well though?
WiNG @ Nov 14th 2007 2:47PM
if it's truly a legitimate claim, the "little man" wouldn't lose.
Plus it would probably put an end to the legal scare tactics most corporations, and um... Scientology... use on individuals they don't like.
gonk @ Nov 14th 2007 1:41PM
most poor people stay poor because they buy things like videogame consoles when they can't afford them
Marty @ Nov 14th 2007 1:47PM
Agreed... but for them, living on the edge of bankruptcy with thousands in credit card debt is the only way to truly "live."
ColossalHat @ Nov 14th 2007 1:51PM
I can't really understand why people are so irresponsible with credit cards. I mean, do they expect to never have to pay for what they buy, or are the majority of these people just horrific at managing money?
gonk @ Nov 14th 2007 1:54PM
they don't want to pay, because they were raised spoiled so they think they can have whatever they want
Your Ad here 555-1923 @ Nov 14th 2007 1:54PM
I don't see how that comment is even related to this article unless is for the reason I’m thinking and if it is for the reason I’m thinking you are going to receive a good old fashioned B* slap.
Okay this pretty much the "Kid stole moms purse and bought a whole stack of yu-gi-oh cards" sort of case.
Some kid took dad debit card to pay for something without permission, dad gets pissed and cancels everything to teach the son to don’t touch dads credit cards, the kid might also get a good beat after that.
The thing here is that MS returned the money but the greedy bank charge him 35$ for the service and he is suing MS for not paying the 35$, Now that’s retarded because A) Microsoft met their part of the bargain and B) It was the greedy banks fault.
So as you see he should be against the bank and not Microsoft and if this case somehow proceeds for Microsoft it would be better if they paid the greedy b*stard the 35$ and stay out of troubles and also ban that console.
Your Ad here 555-1923 @ Nov 14th 2007 2:01PM
Ops ignore the first paragraph of my reply, it shouldn't be there.
FidliousWong @ Nov 14th 2007 2:24PM
Wow, way to ssume he's poor and not just a moron. Let's put it this way...
Many people, like myself, make a decent amount of money. But unexpected charges and such can bust down a budget like nobodies business. And since banks don't TELL you when things go into overdraft status, this is especially dangerous since the "instant notification" option is often a paid premium. So by the time you get the letter 3-5 days later on the overdraft, you could have already sent yourself careening into more by buying McDonalds and such. It's a very easy trap to fall into and it's purposely designed that way.
Me? I live by the card. Getting cash is a huge pain in the ass. And I have had unexpected charges come through (several Japanese shops are notorious for charging weeks, even months after an item has shipped) and severally fuck me up. So much to the point that I now have $500 in my overdraft protection. And, oddly enough, I get paid monthly. Imagine setting a budget up for that. On some months, I get as low as $20, waiting for that next check. (Granted: My budget is $60 a week for food, gas, and entertainment... but this doesn't count freelance art jobs money).
Andy S. @ Nov 14th 2007 3:05PM
More foolish, of course, is having a kid when you apparently can barely even afford a video game console.
MisterSquared @ Nov 14th 2007 4:51PM
Or you could join a Credit Union which exist to serve their members and not to fish money out of their 'customers'.
gonk @ Nov 14th 2007 4:59PM
i use a credit card, then pay it off each month with my savings acct.
Your Ad here 555-1923 @ Nov 14th 2007 1:42PM
Just for the 35$? Cheapskate.
Also shouldn't He be suing the bank instead? you know for charging him the 35$?
ColossalHat @ Nov 14th 2007 1:48PM
He could try, but there's always a section in the contract information package that a bank gives you which details overdraft fees.
Sean D. @ Nov 14th 2007 2:24PM
Every time I've had an overdraft fee or late charge or some other BS, I've always been able to talk customer service into reversing the charge. That's all I do, I just ask politely- I don't come up with any excuses or anything and I've never had a problem. Just call them up and ask, you'll be amazed at the results.
I don't think filing a lawsuit to reclaim $35 is such a great idea- If the bank won't drop the charge and you really need that $35 back, go trim someone's hedges or panhandle for 20 minutes or something.
Negativecool @ Nov 14th 2007 1:42PM
Oh boy...this might be the lawsuit that brings down Microsoft. Never mind that whole billion dollar European lawsuit deal...No, this guy is different...he is dangerous.
He must be silenced.
Jonny @ Nov 14th 2007 1:55PM
He's dangerous all right. Dangerously stupid. Beating your kids is so much more effective than suing Microsoft for not raising them correctly.
melloncollie @ Nov 14th 2007 2:53PM
Beating your kid is not "raising them correctly". It's disgusting how most people think that. I was never hit growing up, but I was raised in a stern house. To me, if you have to resort to beating your kid, then you just suck as a parent.
baby sea tuna @ Nov 14th 2007 3:07PM
I dunno, my parents beat me and I turned out okay. I mean, I'm not overdrawing my bank account or filing frivolous lawsuits anyway...
Crono (NDF - Knight of the Old School) @ Nov 14th 2007 4:38PM
Spanking isn't beating, and whatever bleeding heart liberal asshat drew that conclusion for society needs to be subjected to a real beating so he knows the difference.
VOS @ Nov 14th 2007 1:43PM
And you wonder why this planet is too crowded with people who should have never been born in the first place.
Your Ad here 555-1923 @ Nov 14th 2007 1:58PM
So true.
1+ for ya.
Martin @ Nov 14th 2007 2:14PM
I don't wonder about this. I've known it for all too long.
angryguy77 @ Nov 14th 2007 1:46PM
I would like to see him prove that his son did this. It could be a hoax.
ColossalHat @ Nov 14th 2007 1:46PM
So this must be seen as a somewhat common problem if it's to be considered a class action suit. Since a class action lawsuit is supposed to represent that many people have a similar problem, despite how many people actually join the suit.
P.S. I'd laugh if he won with such a flimsy case.
Intentless @ Nov 14th 2007 2:25PM
it looks more like it really isn't an issue but his lawyer knows he needs support and although it is still a slim chance having numbers to back it up won't hurt. Although it does all come down to lack of parenting or at least parental responcibility. I always thought it was law that until your child was 18 you were responcible for all of their actions and the reprecussions.
Jake @ Nov 14th 2007 1:53PM
MS gave him back $50 of it, which they shouldn't have to do. Now he wants the other $35? Stupid.
Don't give your kids access to your debit cards.
gonk @ Nov 14th 2007 1:56PM
yeah. ms should just pay his $35 too, it's a hell of a lot cheaper than any attorney fees they'll have to pay
Burritoclock @ Nov 14th 2007 2:01PM
A company as large as Microsoft has lawyers on staff so it doesn't really cost them extra to fight cases like this.
Your Ad here 555-1923 @ Nov 14th 2007 2:09PM
I agree with Gonk,is alot easier just to pay 35$ and call it a day than going to court.
Also MS could just ban that console after giving that guy the 35$.
Malixu @ Nov 14th 2007 2:32PM
Last time I checked, if you pay for something once with your credit card, that card can then be charged again from the same XBox 360 without requiring the card to be present.
Maybe it's just me that bought some arcade points when the XBox 360 first came out, and then discovered without any warning that the XBox 360 saved their credit card details, and had no option to delete them. Maybe the suit is a little crazy, but Microsoft should have fixed their interface years ago.
Burritoclock @ Nov 14th 2007 2:58PM
I like having it stored so I don't have to enter my information ever time I want a movie or whatever. There are multiple ways to prevent what happened here, also it is never once stated that the kid used STORED info, I read it to mean the kid actively took the card and entered it himself.