Class Action Against Microsoft Alleges Charges for Partial and Incomplete Downloads
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.
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