Microsoft sued for "Free Trials" scam. - GoFuckYourself.com

KRL · 05-20-2003, 07:32 AM

Hahaha! LOL!

Even Bill can't resist pulling the "Free Trials" scam. Too funny.

Suit Alleges Scam by Microsoft, Best Buy

SEATTLE -- A Los Angeles man is suing Microsoft Corp. and Best Buy Co. Inc., saying the companies fraudulently charged Best Buy customers for MSN Internet access accounts they never signed up for.

The lawsuit, filed in Los Angeles County Superior Court, seeks to be certified as a class-action complaint.

The plaintiff, Samuel Kim, contends in the May 6 complaint that he made a purchase at a Best Buy electronics store in February. As part of a promotion with Microsoft, Best Buy gave him a free trial compact disc for Internet access through Microsoft's MSN service, the suit said.

At the checkout, the CD was scanned for "inventory" purposes, the complaint alleged.

But Kim's suit contends that information from the CD as well as the customer's credit or debit card automatically triggered MSN to create an Internet access subscription in the plaintiff's name. Once the free trial period ended, MSN charged his account, even though Kim never activated a subscription, the complaint said.

When Kim complained to MSN, he was told that many other consumers also had called to complain about similar problems, according to the lawsuit.

Best Buy, based in Eden Prairie, Minn., did not immediately return a telephone call for comment. Microsoft spokesman Jim Desler said his company is reviewing the complaint. He added that Kim's "allegations do not appear to be consistent with the program we have in place with Best Buy."

The suit seeks to represent California consumers who had MSN accounts established for them through the scanning of a a Best Buy trial CD since May 6, 1999.

The suit seeks an injunction against the companies, repayment for the amounts billed to consumers -- as well as profits earned through the practice -- and revenue payments between the two for cross-promotional agreements.

Rochard · 05-20-2003, 07:44 AM

That's fucking slick.

Matt 26z · 05-20-2003, 08:45 AM

Isn't this the same scam some porn sites run? You sign up, and they automatically sign you up for a free trial somewhere that rebills at $30-$50/mo. Of course, you don't know this unless you read the fine print.

I think someone should sue these websites....

FlyingIguana · 05-20-2003, 08:52 AM

Quote:

Originally posted by Matt 26z
Isn't this the same scam some porn sites run? You sign up, and they automatically sign you up for a free trial somewhere that rebills at $30-$50/mo. Of course, you don't know this unless you read the fine print.

I think someone should sue these websites....

can't sue if it states it in the terms. you're suppose to read the terms for the contract you're entering into.

Pappa · 05-20-2003, 08:59 AM

KRL · 05-20-2003, 09:03 AM

Quote:

Originally posted by Matt 26z
Isn't this the same scam some porn sites run? You sign up, and they automatically sign you up for a free trial somewhere that rebills at $30-$50/mo. Of course, you don't know this unless you read the fine print.

I think someone should sue these websites....

I'm sure that'll happen soon enough. Some sponsors really push the limit now. You have to uncheck boxes so you don't sign up for two progs at once.

I'm wondering if webmasters are being credited for that double dip?

KRL · 05-20-2003, 09:05 AM

Quote:

Originally posted by FlyingIguana

can't sue if it states it in the terms. you're suppose to read the terms for the contract you're entering into.

Sure you can sue if its deliberately misleading and deceptive.

We had that in the audiotext where we at first weren't required to put the price per minute. Then they came after everyone and we had to put prices. So we put prices in 6 point ultra thin fonts. Then they came after everyone again and required specific font sizes equal to half the size of the font used for the number.

gothweb · 05-20-2003, 09:06 AM

Quote:

Originally posted by FlyingIguana

can't sue if it states it in the terms. you're suppose to read the terms for the contract you're entering into.

(ahem) Bullshit. You can sue even if something is in the terms. There are some things you are not allowed to do to people, even if they sign-off on it. Plus, terms that are unclear don't count as informing the consumer. The free trial scams are ripe for lawsuit, wait and see.

Matt 26z · 05-20-2003, 09:20 AM

Quote:

Originally posted by FlyingIguana
you're suppose to read the terms for the contract you're entering into.

"suppose to"... yes. But the only way to have proof they knew what they were getting into is to have a hand signed contract.

Websites that take part in this activity should be shut down anyway. It's just not right to stick this info in a long TOS. Every single charge should be clearly outlined on the sign-up page in easy to understand details.

Wizzo · 05-20-2003, 09:23 AM

Fucking Mainstream.... bunch of scammers....

eroswebmaster · 05-20-2003, 09:31 AM

Something similar happened to my father.

He purchased a DVD player and in return for joining MSN you got like $100 off.

Well he never used the MSN account, and returned the DVD player and Best Buy was supposed to deactivate everything.

After something like 2 or 3 years of fighting these pricks, having the store fax all kinds of information to the people at MSN they still turned it over to a collections agency.

I still think my dad gets calls from them. I think I'll point this article out to him.

FlyingIguana · 05-20-2003, 09:34 AM

Quote:

Originally posted by Matt 26z

"suppose to"... yes. But the only way to have proof they knew what they were getting into is to have a hand signed contract.

Websites that take part in this activity should be shut down anyway. It's just not right to stick this info in a long TOS. Every single charge should be clearly outlined on the sign-up page in easy to understand details.

its impossible to have a hand signed contract. if people are too dumb to read then they shouldn't buy. so because these people are lazy, it gives them a right to sue? thats just not how things work.

now if its deceptive and misleading in the terms, then you could have a case, but if its clearly spelled out in the terms, then you don't.

Matt 26z · 05-20-2003, 10:25 AM

I love how some people in this thread are sticking up for hiding extra charges in the TOS. That really says something about your business ethics.

Give me a break. You look at the tour and see what they are offering. Look at the sign-up page and see the prices for what they advertised in that tour.

How can anyone justify also charging for things that were not in the tour, and also not mentioned on the sign-up page?

Sure, you can say they should read the terms. But the fact of the matter is that scam-like porn sites are the ONLY sites online (adult or mainstream) where extra charges are hidden in the TOS.

What would happen to Amazon.com if they hid a $35/mo membership to the Jelly of the Month Club in their TOS, and the vast majority of customers had no idea it was there?

Same type of thing, and anyone doing it is scum.

FlyingIguana · 05-20-2003, 10:27 AM

Quote:

Originally posted by Matt 26z
I love how some people in this thread are sticking up for hiding extra charges in the TOS. That really says something about your business ethics.

Give me a break. You look at the tour and see what they are offering. Look at the sign-up page and see the prices for what they advertised in that tour.

How can anyone justify also charging for things that were not in the tour, and also not mentioned on the sign-up page?

Sure, you can say they should read the terms. But the fact of the matter is that scam-like porn sites are the ONLY sites online (adult or mainstream) where extra charges are hidden in the TOS.

What would happen to Amazon.com if they hid a $35/mo membership to the Jelly of the Month Club in their TOS, and the vast majority of customers had no idea it was there?

Same type of thing, and anyone doing it is scum.

i know you're not saying i am because i haven't said a thing about whether or not these items should be hidden in the tos...

thats a whole different can of worms than suing because someone is too stupid to read.

05-20-2003, 07:32 AM	#1
KRL Entrepreneur Join Date: Oct 2002 Location: USA Posts: 31,429	Microsoft sued for "Free Trials" scam. Hahaha! LOL! Even Bill can't resist pulling the "Free Trials" scam. Too funny. Suit Alleges Scam by Microsoft, Best Buy SEATTLE -- A Los Angeles man is suing Microsoft Corp. and Best Buy Co. Inc., saying the companies fraudulently charged Best Buy customers for MSN Internet access accounts they never signed up for. The lawsuit, filed in Los Angeles County Superior Court, seeks to be certified as a class-action complaint. The plaintiff, Samuel Kim, contends in the May 6 complaint that he made a purchase at a Best Buy electronics store in February. As part of a promotion with Microsoft, Best Buy gave him a free trial compact disc for Internet access through Microsoft's MSN service, the suit said. At the checkout, the CD was scanned for "inventory" purposes, the complaint alleged. But Kim's suit contends that information from the CD as well as the customer's credit or debit card automatically triggered MSN to create an Internet access subscription in the plaintiff's name. Once the free trial period ended, MSN charged his account, even though Kim never activated a subscription, the complaint said. When Kim complained to MSN, he was told that many other consumers also had called to complain about similar problems, according to the lawsuit. Best Buy, based in Eden Prairie, Minn., did not immediately return a telephone call for comment. Microsoft spokesman Jim Desler said his company is reviewing the complaint. He added that Kim's "allegations do not appear to be consistent with the program we have in place with Best Buy." The suit seeks to represent California consumers who had MSN accounts established for them through the scanning of a a Best Buy trial CD since May 6, 1999. The suit seeks an injunction against the companies, repayment for the amounts billed to consumers -- as well as profits earned through the practice -- and revenue payments between the two for cross-promotional agreements. __________________ If you would like to develop your domains, you can lease inexpensive foreign labor from the leaders in the field at iWebmasters.com TO LOWER YOUR COSTS AND INCREASE YOUR PRODUCTION! * * * * * * * * * * * * Domains Adult News KRL's Newsletter Biz Tips Just Listed Domains

05-20-2003, 07:44 AM	#2
Rochard Jägermeister Test Pilot Industry Role: Join Date: Dec 2001 Location: NORCAL Posts: 73,748	That's fucking slick. __________________ “The choice is no longer between right or left. The choice is between normal and crazy.” - Sarah Huckabee Sanders YNOT MAIL \| THE BEST ADULT MAILING SOLUTION

05-20-2003, 08:59 AM	#5
Pappa Confirmed User Join Date: Apr 2003 Location: In front of my computer Posts: 636	__________________ Traffic Cash Gold!

05-20-2003, 09:23 AM	#10
Wizzo 2011 GFY Hall of Fame! Industry Role: Join Date: Nov 2000 Location: Back in Texas! Posts: 15,224	Fucking Mainstream.... bunch of scammers.... __________________ Looking for Opportunity!

05-20-2003, 09:31 AM	#11
eroswebmaster March 1st, 2003 Join Date: Jul 2001 Location: Seat 4 @ Venetian Poker Room Posts: 20,295	Something similar happened to my father. He purchased a DVD player and in return for joining MSN you got like $100 off. Well he never used the MSN account, and returned the DVD player and Best Buy was supposed to deactivate everything. After something like 2 or 3 years of fighting these pricks, having the store fax all kinds of information to the people at MSN they still turned it over to a collections agency. I still think my dad gets calls from them. I think I'll point this article out to him. __________________ For rent - ICQ 127-027-910 Click here for more details

05-20-2003, 08:45 AM	#3
Matt 26z So Fucking Banned Industry Role: Join Date: Apr 2002 Location: ¤ª"˜¨๑۩۞۩๑¨˜"ª¤ Posts: 18,481	Isn't this the same scam some porn sites run? You sign up, and they automatically sign you up for a free trial somewhere that rebills at $30-$50/mo. Of course, you don't know this unless you read the fine print. I think someone should sue these websites....

05-20-2003, 10:25 AM	#13
Matt 26z So Fucking Banned Industry Role: Join Date: Apr 2002 Location: ¤ª"˜¨๑۩۞۩๑¨˜"ª¤ Posts: 18,481	I love how some people in this thread are sticking up for hiding extra charges in the TOS. That really says something about your business ethics. Give me a break. You look at the tour and see what they are offering. Look at the sign-up page and see the prices for what they advertised in that tour. How can anyone justify also charging for things that were not in the tour, and also not mentioned on the sign-up page? Sure, you can say they should read the terms. But the fact of the matter is that scam-like porn sites are the ONLY sites online (adult or mainstream) where extra charges are hidden in the TOS. What would happen to Amazon.com if they hid a $35/mo membership to the Jelly of the Month Club in their TOS, and the vast majority of customers had no idea it was there? Same type of thing, and anyone doing it is scum.