In a class action suit, Georgia resident Francisco Garcia claims that in October 1995 [note x-s: I guess they mean 2005] his son, Silvario, used his debit card to buy a $49.99, one-year subscription to Xbox Live.
A year later, Garcia claims, Microsoft automatically billed him for an additional year of Xbox Live without his knowledge or consent. He contends that the charge sent his checking account into overdraft, and that his bank slapped him with a $35.00 penalty.
Garcia says Microsoft refunded the subscription fee but didn't cover the bank penalty.
Microsoft has asked the federal court to dismiss the case, claiming it has paperwork that proves Silvario Garcia misrepresented his age when he subscribed to Xbox Live by falsely stating that he was at least 18 years old.