A Georgian (the state, not the country) by the name of Francisco Garcia is suing Microsoft over alleged consumer fraud related to Xbox Live. The story? It seems Garcia'a son Silvario used his father's debit card in October of 2005 to sign up for Xbox Live. Garcia, apparently, was unaware of this until the account was automatically renewed a year later. The resulting charge caused Garcia's account to overdraft, imposing a $35 fee. Microsoft has since refunded the subscription fee, though the company did not pay the overdraft fee. Garcia is suing on the grounds that Microsoft broke Georgia law when the company allowed a minor to enter into a contractual relationship using his debit card. Garcia is pressing to have the suit opened to all Georgia Xbox Live customers in similar situations.Microsoft is asking that the case be dismissed, noting that they have proof that Garcia's son misrepresented his age when signing up for the service in the first place. But then we all knew Microsoft would say that. That's why you have to agree to the Terms of Service, kiddies. There's a reason your faced with a wall of text and a big, shiny "Agree" button when you sign up for Xbox Live. Garcia is asking for unspecified damages (at least $35 we're fairly certain), but we have a feeling this isn't going anywhere.
[Via Joystiq]
Microsoft has now officially responded to an Illinois family's lawsuit in which a fire was allegedly caused by a faulty Xbox console in December of 2004. The fire resulted in the death of an infant, Wade Kline. According to the lawsuit, the fire was caused by an overheating power supply, which became so hot as to start the deadly fire. Microsoft, in response, has stated that the fire was wholly the responsibility of the family, and that it was the result of "misuse or abuse" of the console in question. Furthermore, Microsoft claims that the fire was the result of an "obvious" condition of which the family was aware. Considering Microsoft did not recall power cords until February of 2005 (on account of fire concerns) we're not sure to what obvious condition Microsoft is referring. Microsoft is asking that the case be dismissed and that the Kline family pay the company's legal fees.
In an interesting twist of fate, Microsoft has filed suit against Immersion, makers of rumble technology used in game peripherals. If the name Immersion rings a bell, it's because the company filed suit against both Microsoft and Sony in 2002 for patent infringement. Immersion and Microsoft reached a settlement in 2003, in which Microsoft paid $26 million to Immersion for licensing rights and a stake in the company.
