Fighting MICROSOFT in Small Claims Court Without a Lawyer
Posted: Sunday, August 12, 2007
by Bill Allbritton
Bill Allbritton
The offer of fulll Internet service was most attractive in the late 1990: zero payments (nothing) foreach of the first six months, and then the full regular price of $21.95 per month for the remaining six months of the contract year.
MICROSOFT wanted to attract new customers for msn.com. However, it was quickly apparent their service was poor-- something to do with telephone service in Tennessee, or so their tech people insisted.
So, I put my request in writing and mailed it. I also faxed a copy. Because I wanted to be absolutely sure of compliance with every possible requirement, of the contract, I also expressed my wish to terminate with a telephone call to their published contact point.
I did all this well within the initial 30-days of the contract year. The matter was forgottten until six months later when a charge of $21.95 appeared on my credit card statement. Although I protested, Microsoft refused to remove it.
In fact, MSN.Com intended to continue the charge for the next five months as stipulated in the contract agreement which I had terminated six months earlier.
My absolute proof of compliance with the agreement meant nothing. Microsoft had decided the matter. Although I protested, and employed virtually all of the skills I had used in deal making, I was to lose $21.95 plus the total of five more such payments before I could escape the trap in which this internet icon had placed me.
What could I hope to do about it- other than fuss and fume? My friends would usually react with a look of disbelief, and shake their heads. Some found it amusing that I was even considering any action other than acceptance of the modest loss.
Local attorneys, although generally helpful and friendly, wanted $2,000.00 or even more in advance before they would consider any legal action in my behalf.
Microsoft had surely considered the likely behavior of the customer who suffered this mistreatment at their hands. Although their anger and rage would dominate their thoughts initially, the gradual acceptance of their dilemma would prevail. Sooner or later, they reasoned, I would realize the sheer futility of further resistance to the inevitable outcome if I persisted in pursuing the matter.
However, the big guys had not figured on small claims court which enabled me, an ordinary citizen to file a lawsuit without the expense of hiring an attorney.
My check for about $75.00 created Case #00GC21362 which was scheduled for a hearing in about a month. Although my home state of Tennessee has no small claims court, an individual can represent himself in General Sessions Court.
The ambience of a courtroom is somewhat like that of an audience awaiting the arrival of a pop-star idol. On or about the scheduled time, the docket is called. Eventually my name was called as a Plaintiff Versus Microsoft. The two of us, the Microsoft Attorney and I, are escorted to an adjacent, empty courtroom where a different judge would hear our case.
A brief back and forth exchange of dialogue then followed--- call it court room drama. I’m given the opportunity to state my case— which I did with a carefully rehearsed twenty second monologue. The judge appeared to read through my documentation before calling on the Microsoft attorney for a response.
Apparently my evidence was sufficient. The judge looked at me. His gavel made a soft thud. "Judgment for the Plaintiff," he said.
The drama, although it required almost a full half day, was over in a matter of minutes. I recovered my court costs and the $21.95, plus a complete dismissal of the additional monthly charges which Microsoft would have have debited my credit card.
It appears that Microsoft had only arrogance and customer contempt to justify challenged their action in small claims court.
END
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