Supreme Court Lets Class Action Racketeering Suit Against Best Buy & Microsoft Move Forward
from the the-not-so-free-paid-trial dept
Way back in 2003, we wrote about accusations that Microsoft and Best Buy were scamming customers into signing up for Microsoft's ISP MSN. The accusation was that Best Buy employees would scan the "free trial" MSN CD-ROMs that were at the store when customers would make a purchase. Customers wouldn't realize it, but the scan would then charge that customer's credit card once the free trial ended, signing them up as fully paying customers. While we wondered how widespread this practice was, some Best Buy employees have come forward to confirm that it was done at times. Both Best Buy and Microsoft have been fighting the case, and an appeal went all the way up to the Supreme Court, trying to get the case thrown out, but the Supreme Court has refused to review it, meaning the case can move forward. Of course, what's left out of much of the coverage is that lawyers working for Best Buy have already admitted to altering some of the documents he handed over in the case, which certainly doesn't bode well for Best Buy. While it's still unclear just how big a "class" this covers, if the two companies really were involved in such an activity, it does seem quite sleazy.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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Filed Under: class action, free trial, racketeering
Companies: best buy, microsoft
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Sleazy doesn't cover it
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Yep
So if Best Buy scan's it for $0.00 and the employee unknownly does it and is told to do it to track the inventory I don't think its a Best Buy issue necessarly. However if they did knowingly charge it to the customers Credit Card and NOT telling them that this will officialy start the trial and after X amount of days they will charge you the full amount unless you cancel then that's another story.
But why would you allow scanning it for $0.00 and then assume that you've officially started the trial not even knowing if the customer actually installed it, and tried using it? Wouldn't you think it would be better to wait for the customer to install it, and start using it before asking for the CC number to begin the official trail? And who's at fault for that Best Buy? or was that a requirement from Microsoft to scan them in order to track how many of them are being used, taken?
Anyway, lots of questions as to intent, of what was supposed to happen vs. what probably did happen so I guess we'll see where this goes, but hopefully it was more of an honest mistake vs knowingly doing it and not telling the customer.
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I think I am a victim
I've read the other stories on this, but this time it hits me that that is probably what happened. I keep meticulous records of that stuff, and I bet I can find where I made a Best buy purchase on that card in about may or June 2003.
Fortunately, that card reached it expiration date and was reissued by the bank. This year I didn't see the charge, and since I never use that card anymore, I'm pretty sure I would have noticed If I had received a bill.
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Lies, damned lies
SCAM!!!!!
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One time...
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everybody shares the blame
Sadly, some of the onus falls on the customer. During the subsciption process, you are asked for your credit card. I suppose, if you're paying by credit card, they may have the number already. But, you then had to confirm a username. Its possible they could have confirmed it for you, but if the guy behind the counter is messing with a signature pad and constantly looking at your credit card, you might want to pay attention. Lastly, you are asked to sign a statement saying you understand the terms and conditions. So either the guy at the counter forged your signature, which I'm sure has happened, or you signed a legally binding agreement without actually reading or understanding what it was all about. Did you by chance utter "Moooo" when you were done signing? While BBY pulled some underhanded stuff, there's an old saying. Caveat emptor. "Let the buyer beware." Hopefully, if you haven't learned that lesson by now, you've packed your things and moved to the moon.
Lastly, the free subscriptions to SI or EW are actually free. You get 8 free issues, just like the flier says. And you'll be automatically renewed, just like the flier says. And, if you call and cancel within the first year, you'll get your issues and a refund (or just your issues if you cancel early), just like the flier says. I know, that English is a rough language.
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They got me too
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Re: everybody shares the blame
Especially when you aren't given all the info.
Best Buy pulled this crap on me. At the checkout they asked:
"Would you like 8 free issues of Sports Illustrated?"
I asked:
"What's the catch?
Teller:
"None...totally free!"
So I said YES, wasn't given any flyer, and was never given anything in the mail or from SI that I had a trial period and that I was about to get charged.
When I got the bill, I contested it.
Best Buy said I was "warned".
I got a $25 gift card from Best Buy, and dinged them via the BBB.
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Of course, all you need in order to sign someone up is their credit card info, the rest you can BS. And since you instantly got $400 worth of merchandise, I'm sure there were a lot of dishonest employees who retained some credit card info, or looked through the cards left at the store and signed them up in order to get free stuff.
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Re: everybody shares the blame
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End of story.
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Re: Lies, damned lies
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Best Buy Scam
Bill Whittier
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Best Buy Scam
Bill Whittier
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OMg
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