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Microsoft sued over Xbox Live bill

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Dela @ Aug 14, 2011 19:52 | 5 comments

Man accuses Microsoft of charging him for a two year subscription without consent.

The plaintiff, Ryan Graves, claims that he had left his Xbox Live subscription lapse, leaving old credit card details on his account. Upon updating his details while buying a new subscription, he was charged twice. One charge was for the new subscription as planned, and the second was renewal of the expired subscription.

Graves argues that the two year subscription was against his wishes, and that Microsoft refused to refund him for the extra year subscription it charged.

He filed a lawsuit against Microsoft seeking unspecified damages.

"Plaintiff asserts claims for breach of contract, unjust enrichment, conversion, and violation of the Electronic Funds Transfer Act (EFTA), 15 U.S.C. § 1693, et seq., on behalf of himself and similarly situated Xbox LIVE Gold members," the legal complaint reads.

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Comments

Comment by: Mysttic (Aug 14, 2011 21:33)

This is why you don't use Credit Cards to pay for access when avoidable.

Comment by: KSib (Aug 15, 2011 05:49)

Let me try and understand this.

XBox Live normally auto-renews subscriptions when using a card. He used a card to pay for a year. He took no action for roughly two years after purchasing XBox Live Gold (the year that he paid for and the year that he didn't want to pay for) At the beginning of the 3rd year, he bought another year (on presumably the same account) with a different card.

His complaint and basis of the lawsuit is that it auto-renewed and he has to pay for the year that was auto-renewed and the year he actually wanted to buy

Denied: http://dl.dropbox.com/u/3925457/xbox.jpg

Also, I think it's a little bit much to SUE over this and in addition making it a class-action lawsuit.

Comment by: LordRuss (Aug 15, 2011 21:41)

If this guy actually canceled the membership for a year; but M$ had his details on file, he couldn't play on Xbox live. Thus he got charged for a year of non use. If he used it, then there is no case. I'm voting for the earlier.

I don't know about you, but I'm not going to pay for a service I didn't use & neither should this guy. Not to mention, just how many times has M$ done this to other people with the same feeble excuse (in writing) that this guy was given.

Just cause you put it in writing doesn't make it LEGALLY binding.

http://onlyinrussellsworld.blogspot.com

Comment by: stuntz0rZ (Aug 16, 2011 01:56)

Xbox live auto renews itself unless you go to the website and turn it off every time you upgrade to gold. This guy that filed this lawsuit is just an idiot

Comment by: hearme0 (Aug 16, 2011 15:17)

Originally posted by Mysttic:
This is why you don't use Credit Cards to pay for access when avoidable.

This is by far the dumbest idea and statement I've heard in a long time. You are no longer allowed to have kids or make decisions for anyone but yourself based on that lame, ignorant, impractical comment and even for yourself is a stretch.

First off. This kid/user is probably an idiot and his lawyer is no doubt an ambulance chaser. This is clearly a minor error or accidental charge and there's NO FREAKIN' WAY that MS "refused to refund him for the extra year"...........NO FREAKIN' WAY. MS could care less about 1 year and moreover........knows that refunding someone that far in advance means the service for 'that time period' hasn't even been used. Blah. This reeks of scam and shame on Mysttic for making that lame comment.

This is PRECISELY why you use a CC for online. Because it's disputable with an easy option for recourse. Debit/gift card type cards aren't. What country are you from anyway??????? Again, I"m amazed by the intelligence.......or lack thereof of the general public such as yourself.

Tell us.......what would you suggest for a payment method. Please, glorify your know-how.