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Customers were deceived into subscribing to MSN Internet access

When James Odom purchased a PC from Best Buy, he assumed that he knew what he was buying. Odom was offered an Internet access “trial” CD with his computer, but refused to accept the disc on the premise that he already had his own Internet access. Despite his refusal, Odom later found that Microsoft charged him on a monthly basis for MSN Internet access.

Odom never provided his credit card information to Microsoft.

In 2002, Odom filed the suit against Best Buy and Microsoft over customer deception under the federal Racketeer Influenced and Corrupt Organizations Act (RICO). Odom alledged that Best Buy provided Microsoft his credit card information as part of a joint marketing agreement. Thousands of similar accusations were rolled into the Odom case soon after.

The suit was dismissed initially, but a panel of minority judges have sent the case back to trial.

“If the customer was paying by debit or credit card the Best Buy employee would scan the trial CD. If asked why the trial CD had been scanned, the Best Buy employee would claim it was for ‘inventory control’ or otherwise misrepresent the purpose of scanning,” stated the appeal. The case insinuates that the Best Buy employee would then sign the customer up for MSN Internet using the credit card and trial CD without the customer consent.

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