Father sues Microsoft over debit card fiasco

A man from Georgia is suing Microsoft because his young son(who is a Minor) purchased a $49.99 yearly Xbox Live subscription with his debit card. One year later the man’s checking account was charged for another year of Xbox Live without his knowledge and this lead to his account going into overdraft(resulting in a $35 fee).

The man is claiming that Microsoft refunded him the money for the xbox live charge but MS did not pay the $35 overdraft fee. The man(Francisco Garcia) claims that Microsoft “fraudulently induced a contractual relationship for Xbox Live services”. Francisco filed in the lawsuit that Microsoft broke Georgia Law when it allowed a Minor to purchase a subscription.

What does Microsoft have to say about this? They said the kid lied about his age by posing that he was at least 18 years of age. Basically Microsoft means where was the damn father to watch over his kid’s actions?

Who is to blame here? Microsoft or one man’s bad parenting?

Microsoft Hit With Class Action Suit Over Xbox Live Fees [information week]

[Via Kotaku]

-Michael “Thrills Killa” Pacheco-

6 Responses

  1. Honestly, I think is the Father´s blame. I mean I lie about my age but I dont use any credit card or anything, I understand the limits and I always ask my mom form permission to do something. He should be more careful with the power he gives to his child.
    Just an opinion XD

  2. I think all of these TOS agreements are designed to keep MS out of fault in these situations anyway.

    If anything, the guy should get the refund (he did) and then call the credit card company about the overdraft fee. Usually if it’s a mistake like that they’ll refund the fee as well.

    Much ado about nothing. Bizarrely it’ll probably cost him more to do this than is worth it lol.

  3. People like this are suppose to die… its called natural selection, this is why I say its broken. Stupid frivolous lawsuits.

  4. Obviously bad parenting instead of the dad punishing the child, all the father sees is a oppurtunity to sue. Probably not even talking to the child, letting the child getting away with it. It’s not about the parent being concerned about it happening to other parents the guy just wants money

  5. So he wants to pay a lawyer over $500 to get back $35 when he could just call the bank and say that it was obviously an error? The bank will most likely refund the $35 (unless he makes a habit of this) and he can save on lawyer fees.

    I promise you, not all of us Georgians are this damn dumb!

  6. THIS IS F***ING NUTZ!!! This man has no control over his child. MS did not ALLOW his son to do anything! Everything is done through the console or the website LOCATED IN HIS HOUSEHOLD! You can’t call in and have the account created for you (believe me, I’ve tried!) All they tell you is that you have to sign up through either the console or the site! HE is the credit card holder. HE is responsible for knowing what he is agreeing to by clicking the “OK” buttons. I’m sorry if he didn’t feel like reading, but the EULA terms were clearly laid out. If he bypassed them because he was in a rush to create the stupid account, then it serves his dumba** right. What kind of moron gives their credit card number to a child? Sorry, MS has done a lot of shady stuff, but I’m with them on this one…

    They run a business, an online WORLDWIDE gaming service. They can only go on the information that is provided to them at sign up. This father just needs to be a man. He is obviously one of the many retarded parents out there who do whatever it takes to keep their kids pacified and quiet. No wonder these kids are doing this. They have no concept of consequence because nothing is ever their fault.

    “OMG…Big Bad MS allowed my son to illegally use my card.”

    NO!!! Big Stupid Retarded YOU allowed your child unsupervised (and no doubt unrestricted) access to something as sensitive and vital as your credit card.

    I’m 25 and glad this crap wasn’t around then. There are better things in the world to do then to sit in a room and play video games all day. Don’t get me wrong! I love to play video games, but since I have a life – I don’t have time.

    Bottom line, all the excuses these irresponsible parents are using are lame. Like I said, I’m 25. The pay that my parents worked for and raised two kids with was way worse. Both my parents worked two jobs to pay the bills, and still managed to responsibly raise two kids. If your life is really that busy, that you can’t keep up with anything else…DON’T HAVE KIDS! The word of the day is…NO! If you can’t say it, then just accept that you’re going to get bent over and taken up the a** by your kids whenever they feel like it because you’re a puss! Don’t blame someone else because your kid tells YOU what to do.

    Take control and this crap won’t happen to you. It’s called TOUGH love you morons. If you’re kid wants something you can’t afford…tell them NO! Very simple. If they steal from you, prosecute their a**es. Again, very simple. They didn’t care about your feelings, and a little jail time might be what they need. Keep mindful of your kids. Remember, if they can’t vote or pay bills….they have only the rights you give them.

    Oh yeah, and P.S. – Just so you know, I also have a son…He’s 2 years old, and I’d be damned if I ever gave my credit card information to him. Especially not for some stupid online game! Especially not when there’s a prepaid alternative!

    Say what you want, I speak the truth. Even when it doesn’t want to be heard.

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