PROPOSAL: Class Action Suit Against Microsoft for Money 2005

I propose that anyone who's actually paid for MS Money 2005 (like myself) and 
has had nothing but unexplained, unresolved, and undue problems with this 
joke called a "business tool" (like myself) join forces - and launch a huge 
lawsuit up this company's behind.

Besides the fact that this company has profited from numerous sales of this 
product without delivering on it...I'm sure we can list every possible reason 
to seek SOME sort of compensation from this goliath.

Any attorneys around?
0
2/3/2005 4:25:04 AM
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I posted some links several months back to somebody trying to get this ball 
rolling. The links pointed to lawyers offering to assess the case for free. 
Google it or groups.google.com for the thread.

I am on record as being no fan of M05. (For those of you who care and 
haven't read it by now, I'll post it again: 
http://umpmfaq.info/Money2005.htm.) But I'm betting you can't get anybody to 
take this on. You've agreed to any number of shrink-wrap and click-through 
licenses by now all of which disclaim anything but the media will be 
readable. You're also out only $25-$50 or so.

"TheVoice1999" <TheVoice1999@discussions.microsoft.com> wrote in message 
news:840E09AB-376D-49BC-8F9B-7A00CE1B8E6B@microsoft.com...
>I propose that anyone who's actually paid for MS Money 2005 (like myself) 
>and
> has had nothing but unexplained, unresolved, and undue problems with this
> joke called a "business tool" (like myself) join forces - and launch a 
> huge
> lawsuit up this company's behind.
>
> Besides the fact that this company has profited from numerous sales of 
> this
> product without delivering on it...I'm sure we can list every possible 
> reason
> to seek SOME sort of compensation from this goliath.
>
> Any attorneys around? 


0
2/3/2005 5:03:21 AM
Hello TheVoice1999:
You wrote  on Wed, 2 Feb 2005 20:25:04 -0800:

 T> I propose that anyone who's actually paid for MS Money 2005 (like
 T> myself) and has had nothing but unexplained, unresolved, and undue
 T> problems with this joke called a "business tool" (like myself) join
 T> forces - and launch a huge lawsuit up this company's behind.

Once you made this conslusion, did you excersize Microsoft money-back 
guarantee and return the product for a full refund?

If yes, then you have no loss, hence no case.

If no, then you would have a hard time proving your dissatisfaction.

However, _even_ if Microsoft did not offer money-back guarantee, you would 
hardly have a case. You would have to prove that with Money 2005 you could 
not do what was advertised as a feature of this product. I doubt you would 
find even one such feature - there's always a workaround for everything. 
Suppose, there's some serious bug, and in order to overcome it, you would 
have to disable and reenable all your accounts every day. Even that would be 
a workaround - inconvenient, yes, but not impossible. And inconvenience does 
not qualify for the loss.
But, as mentioned, money-back guarantee puts big black cross on all these 
matters anyway.

Vadim 

0
vrapp (55)
2/3/2005 2:33:19 PM
 DW> You've agreed to any number of shrink-wrap and click-through licenses
 DW> by now all of which disclaim anything but the media will be readable.

Luckily, there's a practice that big print can't be disclaimed by the small 
one. See http://www.ftc.gov/bcp/conline/pubs/buspubs/bigprint.htm for 
instance. For example: the big print says that I will be able to project the 
account balance; the balance is projected incorrectly, and I pay NSF fee to 
the bank. I may have a case here. The fact that Microsfot might say 
somewhere in fine print that the projected balance might be inaccurate, 
wouldn't matter, since they say otherwise in the more visible big print. I'm 
pretty sure that any judge would get very angry if told that Money users 
have paid for the product supposed to calculate the balance, but they 
shouldn't expect that balance to be accurate, and should verify it by hand - 
no way, regardless of any fine print. If defendant's attorney was so stupid 
as to bring on such an argument, it certainly would be 100% against him.

However, in order for this to qualify as a class case, the plaintiff would 
have to show that a big number of Money users actually had this specific NSF 
loss - which would be extremely hard.


Vadim 

0
vrapp (55)
2/3/2005 2:52:47 PM
Reply:

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