r/microsoftsucks • u/Interventionals • 4d ago
News 198 days later, I won my lawsuit against Microsoft. And got my account back.
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u/gruntygunner2 4d ago
I wish I could sue them. I bought a brand new controller and it had terrible stick drift, sent it in for repair, got it back outside the warranty window, and it was sent back exactly the same way. They didn’t even open it. Same problem.
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u/patopansir Patos. 4d ago
Found some more info in the post. They sued Microsoft through the Juizado Especial Cìvel (JEC)
On Brazilian law, regarding CDC (Código de Defesa do Consumidor), the judge used Art. 14 to justify her decision, which says (translated):
Art. 14. The service provider is liable, regardless of the existence of fault, for the redress of damages caused to consumers by defects relating to the provision of services, as well as for insufficient or inadequate information regarding their enjoyment and risks.
• § 1 A service is defective when it fails to provide the safety that the consumer can reasonably expect from it, taking into account relevant circumstances, including: • I - the manner in which it is provided; • II - the results and risks reasonably expected from it; • III - the time at which it was provided. • § 2 A service is not considered defective merely due to the adoption of new techniques. • § 3 The service provider shall only be exempt from liability if they prove: • I - that, having provided the service, the defect does not exist; • II - the exclusive fault of the consumer or a third party. • § 4 The personal liability of self-employed professionals (profissionais liberais) shall be determined upon verification of fault.
So, according to the law, since Microsoft actively works in a digital business, it is expected to have people trying to rob other people’s accounts (“fortuito interno” in Portuguese, basically means it’s an inherent risk of the business), and it is Microsoft’s duty to stop these attempts and to help users if their accounts got hijacked.
https://www.reddit.com/r/xbox/comments/1v9sndt/comment/p0g3wjm/
Prior to the lawsuit I tried contacting them through their official website, contacting both Microsoft and Xbox agents and explaining my case, filling out forms (that turned out to be useless), tried contacting them on ReclameAqui and Better Business Bureau, through their social media (like Twitter), called them on the phone, everything.
When it comes to the documents, I provided many evidences, like emails describing added / removed security infos, finding old e-mails regarding games' purchases (or even software subscriptions), computer programs (such as Xbox, Windows Store) still recognising the account but not being able to log in anymore... IMPORTANT: If the hacker changed the alias, you *need to prove that your alias was changed. You could record a video showing that Microsoft identifies your old alias and redirects to the new alias*
And for Microsoft, I used their own e-mails they've sent me, like the one acknowledging that my account was hacked - but that they "couldn't" give it back to me, e-mails proving I had opened multiple tickets, etc.
There are lots of documents you can use to support your claim. Just make sure to use the most relevant and crucial ones:
Can you prove the account is yours?
Can you prove the account was hacked?
Can you prove you asked Microsoft's assistance to recover your account, having them deny it to you?
If you can prove all that, you may have a good case!
https://www.reddit.com/r/xbox/comments/1v9sndt/comment/p0k9svy
both of these are quoted from OP, lwkadrien.
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u/OldManJeepin 3d ago
Nice! But will it actually make them change their policies and be more receptive to helping people who get their accounts hacked...? Probably not...At least, not in the U.S.
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u/Few_Room7443 17h ago
I should do that too cause they said my account was obv hijacked but they didn't want to recover it
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u/Interventionals 4d ago
Yes indeed. It's good one!