Father sues Microsoft for allegedly letting his son use his card for Xbox Live subscription

Lawsuits in the gaming world aren’t new, and this time an irate father sued Microsoft for allegedly allowing his son – who is still a minor – to use his card in order to subscribe to Xbox Live. What made it even worse is that Microsoft automatically renewed the subscription a year later without his consent, causing his checking account to overdraft. Microsoft is seeking the dismissal of the case saying that it wasn’t the kid who spent all that moolah on the account, but rather, was the dad himself, who merely gave out a false younger age. All the way to minority, baby!

It’s lawsuit time for Microsoft once again, and this time its over Xbox Live fees. Francisco Garcia of Georgia is suing Microsoft for consumer fraud, saying that Microsoft allegedly allowed his son, Silvario, to use his card to buy a one-year Xbox Live subscription worth US$ 49.99. This transaction happened in October 2005.

A year later, Microsoft automatically renewed the subscription and once again charged US$ 49.99, pushing his checking account to overdraft. Garcia was subsequently charged with an additional US$ 35 penalty due to overdraft charges. While Microsoft refunded the US$ 49.99 fee, Garcia said that he wasn’t reimbursed for the US$ 35.00 overdraft penalty.

Garcia claimed that Microsoft pulled him into a fraudulent contract with Xbox Live by letting a minor subscribe to the service and automatically renewing the contract without his own consent.

Microsoft, however, requested the Federal Court to dismiss the case with proof that Silvario misrepresented his age when he subscribed to Xbox Live.

Via Information Week