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Refunding an Xbox Live Annual Renewal Fee?
craigandthem is curious about the following: "Recently, I was going over my credit card statement, and noticed a charge I didn't remember making. After investigating, I determined that it was an auto-renewal for my Xbox Live account (for an Xbox that hasn't worked in months). I called to have the fee refunded, and Microsoft refused. They informed me that since it had been longer than 60 days from when my account was renewed, I was not eligible for a refund. The problem lies in that they didn't charge my credit card until December 26, despite renewing my account on November 15. I feel that this was done to increase the odds that I'd only be aware of the charge after it was too late to have reversed. They also claim I had fair warning I was going to be charged, since they sent me an email detailing my upcoming renewal. The email was sent to an old university account, which was de-activated after I graduated, and therefore never received. Have any fellow Slashdot readers received similar treatment, and if so, were you able to recover your money? Legally, is it my obligation to keep my Xbox Live information up to date to avoid this dilemma?"
Don't be surprised by anything on your credit card statement. Check them at least once a week online or by phone. Or every day if you use your card a lot.
Whenever you see something you don't recognize (or in this case, didn't expect), immediately, or the next morning, call the responsible party (Microsoft). Do what you can to resolve the issue.
If you can't resolve the issue, because of *your* screwup (which might be the case, since Microsoft made the rules pretty clear I think), then too bad.
But if you still think you have a "case", immediately *WRITE* the credit card company a concise letter describing the problem. There are usually instructions on the back of the statement.
I have found that most of these things are quickly resolved by the credit card company. The merchants do not like chargebacks or investigations from the credit card companies and will solve the problem pretty quick.
In your situation, you *may* get results if you insist, calling several times over a few days, talking to different people, and generally being firm. But if you don't, you can't really press the issue because you didn't act immediately.
This is really not an issue with Microsoft or the Xbox service. It happens with anybody that wants your money.
Be sure to read all your agreements, and if they have deadlines, put them in your calendar! (i.e., Xbox auto-renews in 30 days, 15 days, tomorrow).
Good luck!
Either way, when you entered in the access code, postal address, email address, and CC # the Live! system put up a big full screen text window on your TV that said (paraphrasing), "Your account is good for X days from today. If you don't cancel your account before then it will be automatically renewed and your CC will be charged."
They then warned you of the impending CC charge via email. That you didn't update your email address with them isn't their fault, it's yours.
Bottom line - You agreed to the Terms of Service. You agreed to allow Microsoft to charge your CC for a yearly renewal, you didn't cancel by the date specified, and you didn't provide Microsoft with current contact information.
Next time you should remember when you enter into a revolving service contract that the bill will come due at some point unless you take responsibility for cancelling the service if you no longer need or want it.
If you're real anti-MS, you can probably call your Better Business Bureau and get them involved first, since it sounds to me like you have a pretty reasonable case against them.
I know god exists. I read it on the internet, so it must be true.
It's not fraud.
Find a license agreement (even if you have to go to a store that will let you read one). It's like a lot of services and automatically renews. On any service like this, once you sign up and pay, it is up to you to cancel. The fact that you didn't cancel it, give them an updated e-mail addy, or check your bill when it came in is your fault.
I wish I could say this is another cause of Microsoft giving customers the shaft, but I can't when you ignored your responsibilities.
I will say, as someone who tried MSN, that Microsoft does make it tough to cancel, often requiring passwords you may have forgotten, or specifically notifying them at least 60 days before renewal, but, again, most services automatically renew. It's their way of increasing income. A lot of services count on people forgetting to cancel accounts, which is what you did. Multiply that by hundreds or thousands of accounts with only a small fraction forgetting to cancel their subscription, and you can see the profit can mount up for them.
I work for a major credit card processor, First National Merchant Solutions, but I don't usually handle chargebacks. I'm still at work though, so I asked a coworker who does.
You're probably curious about chargeback rights. This is where you talk to your bank, explain why you believe that charge wasn't fair or valid, and ask them to get your money back. I'm going to describe these chargeback rights.
"Merchant" means a business who is charging your card. "Cardholder" is you. "Issuer" is the bank that issued your card.
The merchant must have given you prior notice that they were going to bill you. I'm not familiar with the terms & conditions you agreed to, but they may have given you this notification when you signed up.
If you called and cancelled the service within a reasonable amount number of days before you were billed, and they still charged you, AND you haven't received any material goods or services from them, you can charge the sale back.
Also if you never received notification that they were going to charge your account again, you can charge the sale back.
You probably can't charge the sale back claiming that they never provided the goods or services you requested. They will probably claim that your account has been capable of logging in and accessing the service, so they will argue that meets their fulfillment obligations.
I'll refer you to my company's "Chargeback Case Studies" section of its web site. http://www.foomp.com -- click on "REFERENCE DESK" at the top center, then click "Fraud & Loss" at the fourth link down in the body of the page. This section of the site describes the common chargeback reasons, and gives a case study for each chargeback type. This list doesn't include all of the rare chargeback types out there, but it's most of the common ones.
Keep in mind you can't argue a chargeback case like a lawyer. You can't say you called him to cancel...and you already returned the merchandise...and you never received the merchandise...and you've never heard of this merchant before now. You must pick one reason and go with it. If you pick a weak chargeback reason and the chargeback is reversed, you may not get another chance to file another chargeback with a different reason. (You will probably be allowed to rebut the merchant's allegations, making this a 'second chargeback'.)
If you feel you're entitled to a chargeback (because you read about a chargeback case study very similar to your situation) but your bank insists you cannot charge the sale back, the bank may be in violation of Visa/Mastercard regulations. If you feel they are, complain to Visa or Mastercard. You could find out the bank was right all along -- or the bank could find out you were right. If the bank was in error, they could be fined by Visa/Mastercard or (in VERY extreme cases) have their rights to issue those cards revoked.
The opinions expressed above are mine, and not necessarily those of my employer. We are an "acquirer" -- we provide services to merchants, so we're used to helping businesses who are on the defending side of chargeback disputes. Acquirers don't usually go around giving customers advice anyway.
--Michael Spencer
That's a load of horse sh*t.
It's like how the gyms that require you to notify them in writing by snail mail to cancel your account. There's a reason why people have been taking them to court and winning, it's underhanded.
Unfortunately, it's not so easy to do something about. If you used a credit card (as opposed to a debit card), it should be relatively easy to get the charge cancelled, like mentioned in an earlier post. If not, stop by at your local court house and pick up a small claims form. Specify the amount as $70 (Xbox fee) + ~$100 (your time and effort coming to court), and most likely they'll refund it before the court date comes, or they won't even show up, which means you win by default. (It's not worth their money to fight it.)
Use the court system to your advantage, for once, and put them in the same positiion that they put small companies, i.e. the settlement is worth less than their legal fees... Total cost to you? Somewhere between $2 and $15