Consumer Fraud Abuse

I purchased a brand new or what i thought & was told a brand new Xbox 360E 250 at the beginning of the year. I take it out & it is marred all to hell & back. So i take it back to the store to try to return it as it clearly was not new & i get accused of
trying to return a year old system which by the way the system was made at the beginning of 2013 kinda odd being Christmas just passed and they still have a year old system on the shelf at GAMESTOP. So while i am trying to return it you guessed it here comes
mr big bad off duty police man whipping out his badge slapping it in my face not literally but real close threatening me with your typical police threats so i leave. So i make a complaint to MSFT Xbox about this issue it was closed with out any trace of there
being a complaint not a surprise can not have people finding out they ship refurbished systems out as new can we. So i just deal with it & play well it worked fine up until about may 5th when it totally stopped working. It would regularly have freezing crashing
restarting randomly controller you could almost look at it and it would fire guns drive hard drive showing only 200 gigs of the 250 even once i formatted it to send the entire bundle since it was obviously not only defective but refurbished as if it had been
new it should have had no scratches on it as if it had been dissembled & the parts tossed around a work table. I am ocd about the care of my thing so no i did not do it my self & no i do not leave my controller on top of the system.

I have yet to receive a replacement bundle for the defective one i sent in & it is now almost October 5 - 6 months latter. I know this point will somewhat sound like whining, However yesterday was my birthday i was supposed to spend it online all day with
my special someone but guess what NOPE! thank you Microsoft for ruining my birthday & causing me to spend it alone due to health issues that prevent me from leaving the house.

I am openly calling Microsoft out on the charge of full out consumer fraud by sending refurbished systems out as new knowingly & sending other peoples systems to who ever & not returning registered consoles to their owners. I am openly demanding that i
be returned a replacement bundle immediately with my choice of any 2 games as compensation for this ludicrous act. I could sue for extreme emotional distress due to my mental health issue but i had put that off until now. I do hope that someone from Microsoft
sees this as i will openly give Microsoft one last chance to make good before i seek legal action as that appears to be what it is going to take to resolve this issue.

:)

 

Xbox Live Free trial

Hello!

Almost every single subscription service requires that you provide payment details. This is often to combat fraud and abuse. You don't have to pay anything until your trial expires.

 

Playing A Game On Multiple Consoles

As long as you are not using the license transfer tool as a way to share content, you should be fine. When people abuse the license transfer it is viewed as maketplace theft/fraud and leads to bans.

 

No one from microsoft will ever see this post.

Your complaint should be with the store that sold you the console in the first place, microsoft had no control over what that store gave you.

If you sent your console in 6 months ago why are you only now complaining??

Your console should have been with you months ago, there clearly is a problem that you need to call support to fix.

I can`t see any fraud on microsofts part and a legal case would just cost you a fortune for no return.

When things go wrong with sending in faulty consoles the only compensation i have heard microsoft give is a free months gold.

 

Let me get this straight. Are you complaining to MICROSOFT about the item GAMESTOP sold you?

 

Perhaps I did not explain it clear enough. Microsoft knowingly & willingly sent out & is sending out refurbished units as NEW! to sell to be sold to consumers. So gamestop is not responsible for a thing unless they are in on this scam which grotesquely violate
all consumer rights by knowingly selling refurbished units as new. I as said filed my original complaint with Microsoft may 5 of this year after the unit failed after 3 months of use. I can guarantee you that there is no way in hell a Xbox made at the beginning
of the year in 2013 would still be on the shelf at the beginning of 2014 due to the holidays it is absolutely impossible. I BTW again bought the bundle earlier this year.

So this is all on Microsoft no one else. I have a current replacement order yet they refuse to send the replacement bundle to replace the one that was defective.

 

Have you considered the possibility that it was Gamestop who tried to sell you a second hand unit as a new one?

I'm not completely discounting the chance that Microsoft sent Gamestop second hand stock, but it is more likely that Gamestop had a returned unit and didn't want to fuss of having it on their stock-take.

Very likely someone bought a new console at Christmas and get their money back by returning an old unit as new.

 

I thought that as well vaynel but the box did not appear to be tampered with how ever if you know how you can easily get them open i was co designer for a company anti theft tamper seal anyhow on the other hand the unit was factory wrapped no signs of tamper
by means of ripping tearing or retaping on the odd packaging they use unless they had a identical piece to use from something else that had no tape. I however have failed to mention though that the bundle i sent back the person that signed for it it mysteriously
went missing was stolen/lost & i have the email saying that. So it was at its final destination as fedex determined it was at its delivery pick up location so it can only be who ever signed for it that stole it.

I would have returned it to gamestop but that incident i had no choice but to keep it at that time since it was functioning until about 2 - 3 months latter when it more or less died. I do place allot of suspicion on game stop because they have been caught
doing some shady things in the past. So Im not sure what my best course of action would be since Microsoft refuses to honor the warranty & has violated numerous consumer protection laws.

I honestly cant just let them get away with it because that is 400 bucks just gone if i do not to mention the 5 years it took to get the money saving up being disabled.

 

Like Vaynel said, I'd suspect Gamestop. I've recently had it pointed out to me that there is a barcode unique to each unit that is scanned upon sale, if that's so then there should be no question it's the same one when you're returning it. I'd even suspect
that the off duty "cop" was fake and his job is just to run off people that are causing problems at Gamestop.

 

Well the problem is eber3. I have done sent the bundle back to Microsoft. So i no longer have the unit in question. I do have pics of it and all the numbers on it though. I had made mention of the unit appearing to be refurbished to Microsoft CSR when filing
the return replacement 7 they got instant PMSY. I have decided though after speaking with a friend who had a similar issue with another company that since they wont send a replacement & i am with out anything at the moment i will just take them to small claims
or just out right sue for the emotional distress they have caused that has cause me to go back to smoking and drinking & for the full return replacement of the bundle maybe some punitive damages. I will clarify though the cop was real as it was an official
sheriffs department badge with the departments seal & all that on it.

I do btw have other mental health issues that have been further agitated because of this issue not that makes any difference as to me getting a replacement just trying to make a reasonable sounding case so i do not just sound like a whiny brat that cant
get what they want.

 

It's really not hard to get new seals, heck you could buy new warranty stickers for the Xbox 360 on eBay at one point. So I'm sorry to say that just because the seal is in place, doesn't mean it is the one that was originally there.

I wish you the best of luck with getting the case resolved.

 

Vaynel i meant the box seal they are made to tear the white portion of the box off so you know they are opened not the xbox itself.

 

Cut it with a box knife and nothing gets torn. My point was that unless you are exceedingly observant, things can be resealed to look like they've never been opened.

 

[quote user="DARK ALEXANDRA"] I have decided though after speaking with a friend who had a similar issue with another company that since they wont send a replacement & i am with out anything at the moment i will just take them to small claims or just
out right sue for the emotional distress they have caused that has cause me to go back to smoking and drinking & for the full return replacement of the bundle maybe some punitive damages.[/quote]

This is well within your prerogative. You may want to take read through section 7 of the Terms of Use (Microsoft Services Agreement) before
you proceed with this.

[quote user="DARK ALEXANDRA"]I do hope that someone from Microsoft sees this as i will openly give Microsoft one last chance to make good before i seek legal action as that appears to be what it is going to take to resolve this issue.[/quote]

I would just about guarantee that no one at Microsoft is going to read this. They rarely come into these forums. There is some contact information in the section of the ToU I linked above that you might want to use instead.

I should ask, too. How many times have you talked to Xbox support about this over the past few months?

 

I figure if we're going to have a "voice of reason" on these forums, it should be someone with "zen" in their gamertag.

OP, have you contacted Support in the past 8 months about this issue? What have they stated?

Gamestop would never break the seal on an item and then attempt to sell it as new!! /sarcasm