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Scam allegations against Microsoft and Best Buy

OUT-LAW News, 09/05/2003

A lawsuit was filed on Tuesday alleging that Best Buy and Microsoft charged customers for on-line services without their consent, or even their knowledge. Samuel Kim of Los Angeles is hoping to turn his claim into a class action.

According to Reuters, the lawsuit relates to a 1999 agreement between Best Buy, the consumer electronics retailer, and Microsoft in which Best Buy was to promote Microsoft’s MSN internet access service in its stores. Customers who bought goods using their credit or debit cards were presented with free trial CDs for the service.

Samuel Kim made a purchase and was given the CD, which he says he did not use. Both his debit card and the disc were scanned at the checkout. The lawsuit claims that when Kim asked why the compact disc had been scanned, the employee said it was to keep track of inventory.

However, he alleges that Best Buy then sent his card details to Microsoft, which opened an MSN service account for him. Kim knew nothing about the matter until he discovered an entry on his bank statement showing that MSN had deducted a monthly service charge from his bank account.

Anthony Lee, Kim’s lawyer, told Reuters that Kim has not been unable to get a full refund from either company. Kim has asked the court to stop Microsoft and Best Buy continuing this behaviour, and to award refunds to him and other customers caught by the alleged scam.

Neither Microsoft nor Best Buy has commented.

 

 

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