Customer Accuses Microsoft, Best Buy of Internet Access Scam

A Los Angeles man is suing Microsoft Corp. and Best Buy Co., 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, says 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 suit 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.

Best Buy, based in Eden Prairie, Minn., did not immediately return a call for comment. Microsoft spokesman Jim Desler said the Redmond, Wash.-based company is reviewing the complaint.

The suit seeks to represent California consumers who had MSN accounts established for them through the scanning of 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.