Man Files Class Action Lawsuit Against Microsoft Over Xbox Live

The lawsuit, filed by Georgia resident Francisco Garcia, claims that he was charged a $35 penalty by his bank for an automatic bill by Xbox Live which he did not authorize. According to Garcia, Microsoft allowed his underage son to use his debit card to subscribe to Live in October 2005, and when Xbox Live automatically renewed, his checking account was overdrawn and he was charged the aforementioned penalty.

Microsoft refunded the subscription fee, but did not compensate Garcia for the $35 bank penalty. The lawsuit goes on to claim that by accepting the subscription from a minor and then auto-renewing, Microsoft “fraudulently induced a contractual relationship for Xbox Live services.”

Unspecified damages are being sought by Garcia, while Microsoft is asking the courts to throw the case out, as they have evidence that Garcia’s son misrepresented himself as being 18 years of age or older.

via InformationWeek