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Son Uses Dad's Debit Card, Dad Sues Microsoft

November 16, 2007 in News comments 10

Way to go, Microsoft. You got yourself in trouble again. How dare you let kids use their parents' debit cards! What kind of monsters are you? First you're trying to force Windows users to convert to Vista, now you're emptying the bank accounts of unsuspecting parents?

- XBOX 360 Premium console: $399.99

-annual subscription to XBOX Live: $49.99

-Not paying attention to what your kid is doing with your debit card: $35

It’s a relatively inexpensive lesson, but Georgia resident Francisco Garcia apparently wishes to hold Microsoft responsible for allowing his underage son to use his debit card.

Back in the fall of ’05, Garcia’s son used daddy’s plastic to sign up for XBOX Live. A year later, just like the fine print says, Microsoft auto-renewed the subscription and billed Garcia an additional $49.99. The unexpected debit resulted in an overdraft of his checking account. While Microsoft graciously refunded the subscription fee, it wouldn’t cover the bank penalty. So Garcia is suing. His class-action suit claims:
Chaos Swordsman via gamepolitics.com »
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  • 0
    Slumpy monkey* Nov 16, 07
    wtf thats not fair.

    Hes gona lose big time and lose even more money
    • 2
      Chaos Swordsman Nov 16, 07
      Agreed. Like an attorney said on another site covering this same issue, it's the father's fault for failing to dispute the initial charge to begin with. He's clearly going to lose this case, as Microsoft has no way of validating one's age over the Internet.
  • 8
    Donnelly Nov 16, 07
    Tbh, it doesn't matter who's right.
    Microsoft will have the more expensive lawyers, and they'll win.
  • 2
    Alvaroduck* Nov 16, 07
    That's not right. How are Microsoft supposed to know how old he was? Also, they gave a refund, so I don't see why he should take it further.
  • -1
    auctoria Nov 16, 07
    If I spent £40 on Live then got the money back and still have Live I'd be happy.
  • -1
    Lost in Azure Nov 17, 07
    Wow, sounds like something I would do. Nice stuff! ^^
  • 0
    Final Blade Nov 17, 07
    Who cares really, i mean its not MS fault they never told the kids to sole the parents debit card in the first place, if anything i blame the kids. However the parents should complain to get the money back. But i doubt MS is going to get sued and shit.
  • 0
    tidus04 Nov 17, 07
    Well in a way I do think Microsoft are in the wrong here, I had this problem when canceling my online accounts just moments before it would auto-update. I never knew that until a day before mine ran out anyways. They never made it so ovuas that this would happen. And yeh I think they should pay the guy for his bank charges.

    But then you have the other arguement that the dad should have know what was happening with the accounts that he signed up to for his son I guess... =/

    Either way Microsoft should get rid of auto-updates on there online accounts.
  • 1
    Woudo Nov 17, 07
    Anyone who says that this is Microsoft's fault should be shot in the balls with a sawn-off shotgun and then be thrown into a pool of ravenous penguins until they've been stripped of all their flesh before throwing their skeleton into a grinding machine.

    This is not Microsoft's fault and if Microsoft loses the fight, it'll prove how F'ed up the world is.
  • 1
    TurMoiL911* Nov 17, 07
    Xbox Live Gold subscription: $50

    Lawyer fee: Well over $1,000

    Being a bad father for letting your son use your debit card without your knowledge: Priceless

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