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An Illinois gamer is suing Microsoft claiming the tech giant violated consumer protection laws by suspending accounts of Xbox Live Gold Members without warning and then refusing to credit subscribers for the time service was suspended.
Xbox Live is an online multiplayer gaming and digital media delivery service which works with the Xbox 360 gaming console.
The service is available as “Xbox Live” and “Xbox Live Gold” and while signing up to Xbox Live is free, in order to play with others online and access other service features, a paid membership subscription of Xbox Live Gold is required.
Between Jan. 30, 2013 and Feb. 8, 2015, plaintiff James Maher says he separately purchased three Xbox Live 12-month Gold Memberships, equaling 36 months of paid Gold Membership service.
During the 36 months for which Maher had paid for Xbox Live Gold Membership, Microsoft reportedly suspended his membership services on at least 10 separate occasions without notice.
“Microsoft issued each suspension without notice or a chance to appeal, and accompanied the suspensions with a vague statement which set forth the alleged circumstances which induced Microsoft to suspend Plaintiff’s membership services,” the proposed class action lawsuit states.
While his Xbox Live Gold Membership was suspended, Maher says Microsoft not only disabled his Xbox Live sign-on, but suspended other account functionalities including online multiplayer play, live communication features, in-game and party chat, messaging, video communications, gameplay, broadcasting, sharing content, and Skype.
Maher contends he made numerous attempts to contact Microsoft in search of a specific reason as to why his account was suspended. However, Microsoft allegedly refused to provide the time, date, or any other details of the incidents which prompted the Xbox Live Gold service suspension.
“All all time relevant, Microsoft never informed Plaintiff of the exact basis for his suspension and Plaintiff was therefore unable to know how to prevent suspensions in the future,” the lawsuit states.
Furthermore, the complaint asserts that Microsoft never credited or refunded Maher’s 12-month Gold Membership account pro rata for the inability to use the Xbox Live Gold Membership features during the suspensions.
Maher seeks to represent a certified state Class comprised of all Illinois-based Microsoft consumers who “purchased an Xbox Live Gold Membership at any time between January 30, 2012 and the present and who (1) had their membership account suspended, and (2) did not receive any credit, refund, or extension of the Membership account.”
This is not the first time Microsoft has faced legal action over their Xbox Live Gold Membership. In 2011, the company was hit with a class action lawsuit in Washington state federal court over allegations it double-billed subscribers and then refused to refund money for one of the subscriptions.
Additionally, in 2012, Microsoft came under fire in a breach of contract class action lawsuit claiming it barred customers from their Xbox Live Membership if they had their Xbox 360 console repaired by a non-Microsoft technician.
Maher is represented by Kasif Khowaja of The Khowaja Law Firm LLC and James X. Bormes and Catherine P. Sons of the Law Office of James X. Bormes PC.
The Microsoft Xbox Live Gold Membership Class Action Lawsuit is Maher v. Microsoft Corporation, Case No. 1:17-cv-00753, in the U.S. District Court for the Northern District of Illinois, Eastern Division.
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31 thoughts onMicrosoft Class Action Says Xbox Live Gold Subscriptions are Suspended Without Reason
3 times Xbox live has suspended my account because of my confederate flag gamer pic. It cleary states “HERITAGE NOT HATE” Which exempts it from any and all ties to racism. If it was racist and a violation of Xbox live to have it which also interferes with my constitutional rights then why did Xbox live approve it all 3 different times?
Is this still active..I would like too sue xbox too..
I’d like to hop in on this.
My son turned on his Xbox to play with his brother and was welcome with a permanent ban notification. He has no idea what happened, but wonders if it’s because he was affiliated with “a family” a long time ago. It’s shocking they can ban people from something they purchased. We can’t even use the specific Xbox for two weeks with other users. PlayStation might be in our future.
I would like to join x the box class action suit for violating my free speech and banning me multiple times
Xbox Live is impossible. I had fraudulent charges against my (son’s) account. We carefully sorted the valid ones. Over 2 months there was app $500.00 against the account.
1. Either the other charges were fraud
2.It is possible that the were double charged.
After figuring out a way to make a claim on line, I received a not covered by terms of contract.
There is no human to talk to.
On an occasion with another matter, I got a person who could not speak English hardly at all.
I would like to enter into the class action suit. You (the attorney) can keep all the valid claims we may have should the class action suit prevails. It is the principle of the whole thing
Join me but Microsoft doesn’t stand by its products. But keep me updated
Please add me to the class action lawsuit, I’ve had my voice priveledges suspended atleast 12 times which violate my free speech. I want my money back for every second I was punished for using my first ammendment and calling out kids who use cheats and exploits to win. They should be punished, not me.
Same here !
My son saw other people “asking” for paypal payments for stuff. These idiots who get to judge the system said he was fishing. That is the one and only thing a twelve year old has against him, and now I’m out two months of subscription, and all the content we have purchased. I’m done with microsoft/xbox. I hope this lawsuit goes thru and that they have to repay everyone and renew all the falsely suspended accounts. When it comes to money, there should at minimum be a warning against an action and then they can do something if the warning isn’t followed. Also the xbox live system is so hard to navigate, I spent hours of angry frustrating time trying to figure out how to contest it, ask them to give him a warning, instead they respond that they uphold the judgement and I only had 500 letters to plead my case. It isn’t necessarily the $$ in these cases, it is the concept. That some rich persons get to make money (I still have 2 months that I just paid for and now won’t get that expected value).
This new system they have allows people to report you for no other reason than to report you. Say if you’re too good at the game. There is no way to remedy this. I get unbanned. Play some games while not even using my mic. Get some messages calling me a pu**y, cheater, or I suck all because I owned them with noob tubes… This is starting to affect a lot of people.