Walsh v. Microsoft Corp.

ORDER ON DEFENDANT’S MOTION TO DISMISS

MARSHA J. PECHMAN, Chief Judge.

THIS MATTER comes before the Court on Defendant’s Motion to Dismiss Under Rules 12(b)(1) and 12(b)(6). (Dkt. No. 51.) Having reviewed the Parties’ briefing and all related papers, the Court GRANTS in part and DENIES in part Defendant’s motion.

Background

This motion is part of a putative class action by subscribers of Microsoft’s X-Box LIVE streaming media service alleging Microsoft deceptively made unauthorized charges to their credit cards in connection with their streaming media subscriptions. (Dkt. No. 11.) The case was…