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View Full Version : Dumb parent suing Microsoft in a class action lawsuit for consumer fraud (joystiq.com



7th lutz
11-15-2007, 02:08 PM
http://www.joystiq.com/2007/11/14/class-action-lawsuit-over-xbox-live-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.

What happened to the old days of grounding your kid for taking your debit card and use it? When I was a kid and a teen, I never considered doing this to my parents. I would've been in hot water with my parents. I would've had tv, video games and the whole nine yards taken away from me if I pulled that crap for a long time.

The parent should've had his son pay for the bill and the overdraft penalty. The kid also deserved getting his 360 taken a way for a year at least and not allow the kid have any computer access except for homework for a whole year along with a long time grounding.

This was a case of a parent not doing his job. Suing Microsoft wouldn't even be on that parents mind.

Damaniel
11-15-2007, 02:17 PM
Sadly, personal (and parental) responsibility just doesn't exist anymore. Fail to watch over your kids and they end up doing something dumb? Find someone to sue -- the deeper the pockets, the better. In my day, I wouldn't have had a debit card to begin with, and even if I did, if I had done something like this, my parents would have punished me, which is the way things should be.

Seriously, suing over what amounts to $35 is just plain stupid. If the judge doesn't laugh this out of court, my already negative opinion of the legal system will become more so. Even if this makes it to court and the parent manages to win, I'm sure that anyone that's part of the class action suit will end up getting a coupon for $5 off any Xbox 360 game, while the lawyers will get millions. Ugh.

diskoboy
11-15-2007, 02:40 PM
http://www.joystiq.com/2007/11/14/class-action-lawsuit-over-xbox-live-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.

What happened to the old days of grounding your kid for taking your debit card and use it? When I was a kid and a teen, I never considered doing this to my parents. I would've been in hot water with my parents. I would've had tv, video games and the whole nine yards taken away from me if I pulled that crap for a long time.

The parent should've had his son pay for the bill and the overdraft penalty. The kid also deserved getting his 360 taken a way for a year at least and not allow the kid have any computer access except for homework for a whole year along with a long time grounding.

This was a case of a parent not doing his job. Suing Microsoft wouldn't even be on that parents mind.


Having only $35 in your bank account, to begin with = great parenting.

GrandAmChandler
11-15-2007, 02:56 PM
Having only $35 in your bank account, to begin with = great parenting.

Some people live paycheck to paycheck. Or maybe it was a second account. Plus who are we to judge?

FantasiaWHT
11-15-2007, 03:05 PM
Some people live paycheck to paycheck. Or maybe it was a second account. Plus who are we to judge?

Are we allowed to judge the parent for being an utter idiot for bringing this suit in the first place? How on earth is ANY company supposed to tell the difference between a 13 year old using a debit card and a 13 year old's parent using a debit card?

GrandAmChandler
11-15-2007, 03:11 PM
Are we allowed to judge the parent for being an utter idiot for bringing this suit in the first place? How on earth is ANY company supposed to tell the difference between a 13 year old using a debit card and a 13 year old's parent using a debit card?


Okay, I was talking about diskoboy's comment for the parent not having enough money in their account, not the lawsuit itself.

diskoboy
11-15-2007, 03:42 PM
Okay, I was talking about diskoboy's comment for the parent not having enough money in their account, not the lawsuit itself.

I will rephrase my statement:

Having only $35 in your bank account, and not noticing it for over a year = great parenting.

udisi
11-15-2007, 03:49 PM
last I knew, you had to be 18 to open a bank account to garner said Debit card. THat is unless co-signed by a parent, who thus assumes responsibility of said account.

MrSparkle
11-15-2007, 04:34 PM
id put money down on this, the dumb dad probably let his son use it not realizing it would be a recurring bill. but i didnt think you could sue for such terribly small monetary damages even in a small claims court. either way microsoft will probably settle this out of court its not like they dont have an extra $35 laying around somewhere.

djbeatmongrel
11-15-2007, 04:41 PM
He was charged with an auto renew fee so maybe the dumb ass parent had allowed the son to sign up for the first year with his card. The auto renew fee wouldnt charge after he played another year, he'd have to pay for the second year upfront. Thinking about it, Microsoft probably already had the account info for the same card from the initial year of Live.

esquire
11-15-2007, 06:21 PM
Some people live paycheck to paycheck. Or maybe it was a second account. Plus who are we to judge?

I will judge, and have no problem doing so. If you are going to file a lawsuit, especially for the reasons stated in the article, you are opening yourself up to public scrutiny, and rightfully so. If you want to hold others accountable for their actions or inactions, than you should be too. The parent here is making assumptions about Microsoft - namely that they knowingly took money from a minor, or allowed a minor to use a credit/debit card of another individual, yet the parent does not account for how their child got the card in the first place!!!!

Moreover, if you do not have $50 in your bank account, you should not be spending $400 on your delinquent child. You are not setting a good example of fiscal responsibility for your child. Yes some people do live paycheck to paycheck, but many of them are not spending $400 on a video game console, plus $60 for a game, especially for a child who is otherwise a thief and cannot be trusted by their own parents.

-_-Nintendo-_-
11-15-2007, 06:29 PM
So, he did not have $50 bucks in his account at the time of billing, which might suggest that he does not have loads of moolah, but then goes and sues Microsoft which will cost an arm and a leg? huh?

Nebagram
11-15-2007, 06:38 PM
You've got to believe that the parent's gonna be limping home from the court following the massive pounding his rear end will take from Microsoft's lawyers.

Assuming it makes it that far. Reeks of someone wanting their 15 minutes to me.

Sothy
11-15-2007, 06:55 PM
I can sue people for not having enough money to cover dumbass charges i make?


Man im so suing the titty bar.

rbudrick
11-16-2007, 08:54 AM
This suit's gonna get tossed. You watch. I think she should end up paying Microsoft!

-Rob

Daria
11-16-2007, 12:40 PM
Dumbass parenting is not realizing that your child has been playing online games for a year. Way to pay attention to your kids.

thegardentool
11-17-2007, 04:00 AM
The parent here is making assumptions about Microsoft - namely that they knowingly took money from a minor, or allowed a minor to use a credit/debit card of another individual, yet the parent does not account for how their child got the card in the first place!!!!

Microsoft Xbox Live stores your credit card information for quick purchasing the next time. Maybe he allowed the child to buy a years worth of Xbox Live gametime in advance and then the kid bought more time when the year was up with the stored information without the parent's knowledge. I'm acutally pretty concerned over the fact that my credit card information is stored on my Xbox.


Moreover, if you do not have $50 in your bank account, you should not be spending $400 on your delinquent child. You are not setting a good example of fiscal responsibility for your child. Yes some people do live paycheck to paycheck, but many of them are not spending $400 on a video game console, plus $60 for a game, especially for a child who is otherwise a thief and cannot be trusted by their own parents.

What if the Xbox 360 was a birthday or Christmas present to the child? I bet there are many people on this forum whose parents bought them expensive consoles as a present at times they couldn't really afford it. I have a feeling my parents couldn't really afford my NES, SNES or Sega Saturn when they bought them. Hell I get mad at them for still buying me stuff for this day because I know they could use the money elsewhere.

I now even cut corners every month or so to buy my wife some nice gifts. Usually I buy her something small each month but every now and again I'll find the money to get her something she'd really like.


So, he did not have $50 bucks in his account at the time of billing, which might suggest that he does not have loads of moolah, but then goes and sues Microsoft which will cost an arm and a leg? huh?

It's probably a lawyer who promises him no payment unless he wins so he owes nothing out of pocket.


Dumbass parenting is not realizing that your child has been playing online games for a year. Way to pay attention to your kids.

He may or may not have known but it seems that he did not know his child signed up for another year of Xbox Live. Do your parents remember every single class you took during school and when they were? Way to go your parents for not knowing!

Push Upstairs
11-17-2007, 12:21 PM
Having classes in school and not keeping tabs on your debit/credit card are two different things. My parents don't remember classes I took but they damn sure asked questions and looked over fine print before they bought something or a service for me with their CC.

Does it matter that he didn't know his kid was on live? Not really. My parents never ever cared about video games, still don't.

The problem is that he (the parent) should have looked into if MS was going to charge anything on his card before he let his kid use it. That is a lack of responsibility.

If he was really unaware that his son used the card then he should be an ADULT and accept there is a problem there and address that issue.

7th lutz
11-17-2007, 12:32 PM
[QUOTE=thegardentool;1276624]What if the Xbox 360 was a birthday or Christmas present to the child? I bet there are many people on this forum whose parents bought them expensive consoles as a present at times they couldn't really afford it. I have a feeling my parents couldn't really afford my NES, SNES or Sega Saturn when they bought them. Hell I get mad at them for still buying me stuff for this day because I know they could use the money elsewhere.

QUOTE]

You can get family members good gifts without getting to expensive.

I didn't get a nes till 1991 for Christmas. I didn't have a computer to use at home till I was 16 either. At that time, my parents were not living from paycheck to paycheck anymore.

My parents was living from paycheck to paycheck for a couple of years in the 80's. It nothing that they did, but it caused by the amount of bills that needed to get paid and a dentist not doing bridge work correctly. That would effect a family when one parent stays home to be a parent with the kids like my mom.

My parents gave my younger brother and I good gifts in that time like g1 transformers, slinky, etc.. They didn't give the very expensive toys for my brother and I for the most part. That means no Metroplex, and a good amount of the big sized transformers.

My point is Spending that type of money for a 360 could be spent for giving his kid some great gifts that cost the same amount as 360 combined.

My younger brother and I didn't didn't have any problems with owning an older game system growing up. My parents gave my younger brother and I an Atari 2600 jr in 1988. If I had no problem with the 2600 jr., why can't the kid have no problem the game system the kid had prior to the 360.

7th lutz
11-17-2007, 12:53 PM
He may or may not have known but it seems that he did not know his child signed up for another year of Xbox Live. Do your parents remember every single class you took during school and when they were? Way to go your parents for not knowing!

How you dare you bad mouth my parents when you know nothing about them or the way the raised me! You gave me a bad impression by saying something untrue about me parents.

You made my parents look bad when they knew the classes I was taking, instead of not knowing what classes I was taking like your claimed. My parents were so concerned about homework not getting done to the point that they told the teacher to let them know if the homework wasn't completed.

My parents were the types that knew everything that I did as a kid.

My parents made sure my younger brother and I did our homework and study. My parents are the type that if you lied about your home work, that your ass is grass.

My parents didn't expect me to do well in gym or art class because of my disabilities. all they wanted from me is to give my best effort.

My parents cared about the major subjects like math, reading, english, Science and social studies for getting good grades in. They didn't expect me to be an "A" student in every class. They just wanted their sons to give it their all in every subject.

My parents tried to help me in spelling and english because I had troubles in those subjects like in helping me prepare for a spelling test, and show me what I did wrong in english. That is sign of a good parent who cares about the child.