Microsoft violating own TOS what can I do about it?

Discussion in 'Legal Issues' started by Ash1402, Nov 21, 2009.

  1. #1
    A bit of a background... I am from the UK and moved from there to Canada in 2006 and shortly after bought a 360. I have been a live member for close to three years now I think. About three months ago I moved from Canada to the United States and my live account is starting to run out so I went online to billing.microsoft.com to change my address so I can buy another year of live and get the extra benefits Americans get over Canadians (Netflix etc.). If anyone has tried to do this before you undoubtedly saw the country field had been locked to where the account was created. So I phoned MS on their XBOX support line to get it changed which they said they could not do, I then sent out an email to customer support to see if they would do any different but obviously they just search email keywords and paste back the response they are told to.

    So after one phone call and five emails I decided to read the TOS of XBOX Live. After going through it I found that in section 8; article c it states I must change my billing address, see attached.

    http://img697.imageshack.us/img697/5893/tos.jpg

    I told MS about this in an email but they replied with the same standard message they sent me in all five.

    So is this a violation of their own TOS like I previously thought and if it is what can I do about it? Low level support wont help because they are going through the standard steps and replying with the same email over and over. Is there any way to get in touch with higher power customer support at MS that can just click a drop-down box and move it to USA so I can continue to pay them for a service?

    I appreciate all of your help on this.
    Ash
     
    Ash1402, Nov 21, 2009 IP
  2. FCM

    FCM Well-Known Member

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    #2
    It's not really a common thing for people to move to a different country ( Well it is, but it isn't at the same time ) -- Why not just go by a new subscription entirely? or is your card locked into there system? I'm sure you could find a XBOX live at a local store ( Walmart ) and refill your account that way -- don't worry about using a Credit card. You may even be able to find a subscription card on ebay or on amazon.

    -- This is why I have a PS3 - My friend has a XBOX and swears by it. I don't see why, I had one and it SUCKED! -- Switch to PS3 all online play is FREE! :)

    Best of Luck!
     
    FCM, Nov 21, 2009 IP
  3. Ash1402

    Ash1402 Peon

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    #3
    Thanks for the reply. I have a PS3 but the main reason I keep the XBOX going is because my friends from the UK and Canada all use it. My problem is that I now live in the US. I should receive the same benefits as an American receives such as Netflix and the additional content.

    Also I want to ensure that in the future if MS decides to become bitchy that I am not at fault and they are. The line in the TOS states:

    "You must keep all information in your billing account current, including your billing address"

    I can't possibly do this without them allowing me to change country. Also no where within the TOS does it state I can't change my country.

    Also I would prefer to use a credit card because it tends to be cheaper and with the traveling I do I can postpone or freeze my account and not lose all of the time I am away. With a pre-pay you can't freeze the account
     
    Ash1402, Nov 21, 2009 IP
  4. Sweely

    Sweely Well-Known Member

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    #4
    As far as I can see, it's a fault from their side - not yours. Do whatever you can in order to reach them!
     
    Sweely, Nov 21, 2009 IP