Georgia man sues Microsoft over Xbox Live fees

Talk about taking on “the man”: according to InformationWeek, Georgia resident Francisco Garcia is suing Microsoft for consumer fraud. Apparently, Xbox Live automatically renewed his son’s subscription to the service (at the $49.99 fee), which was billed to his account without his knowledge or consent (note to parents: hide your credit cards from net-savvy kids). The stealthy payment sent his checking account into overdraft, and he was slapped with a $35 penalty. MS refunded the subscription fee itself (the $49.99), but not the penalty.

But the plot thickens – apparently MS is asking the federal court to dismiss the case because there’s evidence that Garcia’s son falsely stated that he was at least 18 when he subscribed to Xbox Live. Garcia is claiming that the company “fraudulently induced a contractual relationship for Xbox Live services” by accepting a subscription from a minor and automatically renewing it without consent.

Frankly, this is all rather amusing. I would think that most parents’ instincts would be to punish their child over a $35 charge, rather than blaming and taking a huge corporation to court. Don’t get me wrong – I’m no fan of Microsoft’s consumer policies. It just sounds like Mr. Garcia comes from the Jack Thompson school of overreaction.

Read [InformationWeek] Via [GameDaily]