Legal Question in Technology Law in California
ok, i just bought a game called banjo kazooie nuts and bolts on the xbox live marketplace. it is faulty and does not work. i've been on the phone with multiple xbox live support members and even the research team. they have still yet to fix my issue, i want the money i paid for the game back, but they have a no refund policy which should not be aloud if the game is faulty and does not work! so if i were to demand a refund and the refuse to do so, could i sue microsoft legally?
1 Answer from Attorneys
It is always "legal" to sue someone, or a company, if you have a reasonable belief that you have been wronged and that the defendant is legally responsible. Whether you win or not will depend upon the quality of your case, factually and legally, in comparison with the defense's case. Whether it is practical to sue, even in Small Claims, is another question. Even if your case is a slam dunk, how much are you "out," dollar-wise? Preparing, serving, hearing and winning, then collecting, are time-consuming. Buy and study a copy of Nolo Press's book on California Small Claims procedures, then decide.
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