[pchelpers] Best Buy

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      This may not have anything to do with the Best Buy thing, but I =
thought it was interesting.

      Pen


    =20
     Posted on Tue, May. 20, 2003  =20
    =20
      Lawsuit alleges consumer scam by Microsoft, Best Buy
      Associated Press

      SEATTLE - A Los Angeles man is suing Microsoft Corp. and Best Buy =
Co. Inc., saying the companies fraudulently charged Best Buy customers =
for MSN Internet access accounts they never signed up for.

      The lawsuit, filed in Los Angeles County Superior Court, seeks to =
be certified as a class-action complaint.

      The plaintiff, Samuel Kim, contends in the May 6 complaint that he =
made a purchase at a Best Buy electronics store in February. As part of =
a promotion with Microsoft, Best Buy gave him a free trial compact disc =
for Internet access through Microsoft's MSN service, the suit said.

      At the checkout, the CD was scanned for "inventory" purposes, the =
complaint alleged.

      But Kim's lawsuit contends that information from the CD as well as =
the customer's credit or debit card automatically triggered MSN to =
create an Internet access subscription in the plaintiff's name. Once the =
free trial period ended, MSN charged his account, even though Kim never =
activated a subscription, the complaint said.

      When Kim complained to MSN, he was told that many other consumers =
also had called to complain about similar problems, according to the =
lawsuit.

      Best Buy, based in Eden Prairie, Minn., did not immediately return =
a telephone call for comment. Microsoft spokesman Jim Desler said his =
company is reviewing the complaint. He added that Kim's "allegations do =
not appear to be consistent with the program we have in place with Best =
Buy."

      The suit seeks to represent California consumers who had MSN =
accounts established for them through the scanning of a a Best Buy trial =
CD since May 6, 1999.

      The suit seeks an injunction against the companies, repayment for =
the amounts billed to consumers - as well as profits earned through the =
practice - and revenue payments between the two for cross-promotional =
agreements.
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The great thing in this life is not so much where we are, but in what =
direction we are moving.


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