A Georgian (the state, not the country) by the name of Francisco Garcia is suing Microsoft over alleged consumer fraud related to Xbox Live. The story? It seems Garcia'a son Silvario used his father's debit card in October of 2005 to sign up for Xbox Live. Garcia, apparently, was unaware of this until the account was automatically renewed a year later. The resulting charge caused Garcia's account to overdraft, imposing a $35 fee. Microsoft has since refunded the subscription fee, though the company did not pay the overdraft fee. Garcia is suing on the grounds that Microsoft broke Georgia law when the company allowed a minor to enter into a contractual relationship using his debit card. Garcia is pressing to have the suit opened to all Georgia Xbox Live customers in similar situations.

Microsoft is asking that the case be dismissed, noting that they have proof that Garcia's son misrepresented his age when signing up for the service in the first place. But then we all knew Microsoft would say that. That's why you have to agree to the Terms of Service, kiddies. There's a reason your faced with a wall of text and a big, shiny "Agree" button when you sign up for Xbox Live. Garcia is asking for unspecified damages (at least $35 we're fairly certain), but we have a feeling this isn't going anywhere.

[Via Joystiq]

This article was originally published on Joystiq.