Class Action Against Microsoft Alleges Charges for Partial and Incomplete Downloads

The avatars pictured here are much happier than Mr. Lassoff.

This week attorney/gamer/and frequent plaintiff Samuel Lassoff filed a class-action lawsuit against Microsoft for “fraud, breach of contract, negligence, unjust enrichment, and unfair business practices . . .”  The plaintiff/attorney appears to be the only member of the class.

It is widely reported that the lawsuit concerns Microsoft’s points system, which Microsoft uses for online purchases.  The system has been problematic because the “points don’t correspond to real-world dollars, and often you’re left stuck with unused points.” [Source]

Unfortunately, nothing in the complaint discusses this problem.

Instead Attorney Lassoff alleges that he paid to download games from XBOX Live, but did not receive complete copies of his games.  Specifically, Lassoff alleges “that Microsoft has… collected revenues for digital goods and services which were not provided.”  He maintains he spent fifteen “attorney” hours trying get his money back to stop the charges from appearing on his credit card.  Other than that, the complaint is pretty vague.

So, don’t sell your Microsoft stock just yet.

This is not the first time Attorney Lassoff has sued a high-profile defendant with deep pockets on his own behalf.  In August 2006, Mr. Lassoff unsuccessfully attempted to bring a class action against Google, Yahoo, and IAC Interactive Corp. for click fraud.  The case was voluntarily dismissed.  Before that, in April 2006, he brought a class action against Kerzner International Resorts  and Atlantis Paradise Island Casino.  Similarly, he also  voluntarily dismissed that case.   And in 2004, Attorney Lassoff sued the State of New Jersey, New Jersey Police, Bally’s Casino Atlantic City and a half-dozen others for alleged damages arising out of scuffle in which he was involved.  Ultimately, he lost this case on summary judgment.

The summary judgment opinions can be found here and here.

Siouxsie is so disappointed in this case.  This is not the class action that will stop Microsoft from “keeping the change” on purchases made on Xbox Live with Microsoft’s point system.  It’s a shame — a lawsuit challenging Microsoft’s point system could possibly be a golden-ticket for a plaintiffs’ attorney plus get money back to gamers.

Siouxsie would like to echo the comments of United States District Court Judge Joseph E. Irenas to Mr. Lassoff in the Bally’s case.  See footnote 5 of the opinion.  Mr. Lassoff cannot successfully serve as both lawyer and plaintiff.   There is a great case here.  But this isn’t it.  So grow up, stop playing so much Xbox, hire counsel, and refile this case.

Source — Ars Technica

Photo Credit:


~ by siouxsielaw on February 1, 2010.

11 Responses to “Class Action Against Microsoft Alleges Charges for Partial and Incomplete Downloads”

  1. […] actual content of the complaint isn’t quite as reported, per Siouxsie Law […]

  2. […] action law suit had been filed against XBox, challenging XBox Live’s Microsoft Points system, is not quite as satisfying as early reports had suggested: This week attorney/gamer/and frequent plaintiff Samuel Lassoff filed a class-action lawsuit […]

  3. Good for him. There should be more such suits.

    Any 360 user must pay to subscribe to a gold level account in order to play with their friends over the internet. This is not a technical requirement since the same titles on the PC do not need anything like it.

    Another problem is the no refund policy for expensive downloads. Much of the material on Live is almost worthless and even though MS DRM should allow for refunds there are none offered.

    Last week a new problem surfaced. A version 1.3 “update” for the Borderlands game removed the good red chests from the town of New Haven and replaced them with substandard white ones. At the same time the company offered even better red chests for extra cost in their new downloadable content module. It seems that “updates” are not just for improving the product.

    If something is not done this problem can only get worse.

  4. I hate gambling 😉 That’s why I have blog about online casino crap… And I’m too lasy to write my own stuff, just scraping it from other blogs ;|

  5. Your website is loading average for me. Might just be my isp but i dunno… anyways great post. It helps me a lot, thanks heaps. Will be sure to bookmark your blog for future reference 🙂

  6. Hey, I like you blog, I\’d really love to write an article if I could.

  7. […] in January, Siouxsie blogged about a new class action lawsuit against Microsoft.  The case was widely reported by the […]

  8. i heard there arent any working ms points gens…yet there is a working method for getting points

  9. […] in January, Siouxsie first blogged about this class action lawsuit against Microsoft.  The case was widely reported by the mainstream […]

  10. […] LIVE Points Class Action Dismissed Back in January, Siouxsie blogged about a new class action lawsuit against Microsoft.  The case was widely reported by the […]

  11. […] post has been updated to provide links to the posts at issue: here,  here and here. Like this:Like4 bloggers like […]

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