Request for reason for account suspension (banning)?

I received the following reply to my email about a console ban message on our sons Xbox and send the following text to the general forum. I would be interested in any other experiences like this as there is a consumer protection issue here, it appears like the US arm of Xbox are using a nuclear missile to crack a peanut! and its out of control:

"Your forum post was deleted by a moderator. Subject: Reason for Banning of Xbox Live Account Posted to: 14 - My LIVE account was suspended Reason: There is no current account suspension on the gamertag that was given. If this is in concern of a console ban then please refer to the following: We do not discuss console bans in the forum. For more information, please refer to the FAQ located here: www.xbox.com/.../consoleban"

I am aware that you will not post this but am I concerned that the reasoning given and the method of investigation and write of reply or appeal action or lack off is completely and utterly unjustifiable and is out of control in my opinion. As this also effects money paid for the console which was purchased brand new with no other user and the ubscription paid for the Xbox live account, if upheld this consitutes a fraudulant action on your (or microsoft's part if they endorse you actions) by taking unwarranted action like this without a physical investigation of the machine.

We gladly off the machine for inspection by a technician and if found to be tampered with then we will accept that, but only after that action. If the ban is for other reasons, as there are finacial implications for us, we have a right under australian consumer protection law which is the country where the console was purchased to have a proven and detailed reasons for your actions and for you to take this action with out detailed justification is a breach of this legilation and we will hold yourselves as the decision makers via microsoft responsible.

Take this as an opportunity to be completely detailed over your reasoning. If it is valid and proven physically, we would have no hasitation in accepting that. This is all we would ask and really is the minimum that shoudl be expected under the circumstances.

There has been a glut of console bans and a lot of evidence that the bans are unwarranted but MS have said in several case that they're right, they won't give specifics as it'll help the culprit avoid detection in the future and there is no recourse.

Keep in my these are not account bans so he can still play on the xbox, just can't connect his console to Live. He can still log in to these forums and if he uses another Xbox, he can still log in under his own account and use that Xbox without any problem.

I appreciate the response however, I am taking this through a consumer protection issue with MS as they must prove definately to me that the console is tampered with or they have breached the consumer protection act in Australia and either must lift the ban is they can not prove this and physically inspect the machine or provide me with financial compensation to replace the machine...otherwise this is out of control...you can not just decide to take away a service which has been paid for without cast iron reasoning and evidence when there is no presented physical evidence that this particular console has breached the Terms of Use...which is has not....It would be like honda banning all people who have bought a honda civic from driving it on the road because some people have modified them and providing no no compensation for those who have been banned but not modified the vehicle...that would be quite rightly laughed out of court and is rightly illegal (in Australia at least) for a company to take action like this..no matter what the reasons....They must prove my console is tampered with or resinstate the console...any other outcome is not only wrong but is illegal and thats the end of it.....might take a while but if you are right then you dont back down...bottom line

From what I've read elsewhere.. this latest wave of console bans has been as a result of marketplace theft, not modding. And the responses people have got from MS has been roughly... "Your console was used for marketplace theft but we we won't explain what it is you've supposedly done because it'll help you avoid being caught in future".

Console Bans are unfortunatly completely irriversable - Of course you are well within your legal rights to object the ban but as stated above you will be given the basic information that led to the console ban, but i would be surprised if MS XBox went into further detail.

It should be kept in mind that the console can still be used, they have not prevented your console from playing offline, it is just the online Live function that has been banned. Your console is still a functioning XBox - What was the exact error that came up on the screen, are you sure that the console has been banned as there are also Gamertag suspensions, where the console is still able to access the Live service with different Gamertags but the Gamertag itself with the suspension would be banned...

You are correct. The console and the advertised product is that you have access to live play with other gamers. This means that they have breached their contract in previding this service whether in action by you has occured. You purchased the console to play online and cannot.

I would suggest that you contact your consumer affairs department and lodge a complaint as I have for my sons lifetime ban and loss of access that I paid for.

If you would like a Director name at MS, Keith Dolliver in the states is within the legal section just ring the local office and ask to be put through.

I'm pretty sure you're meant to post about "why am I banned" here  forums.xbox.com/.../41.aspx

I love these threads.

Thanks for the responses guys, looks like a few people with the same issues unsuprisingly! I appreciate the comments about the bans being irreversible and but also agree with what Holisticbuddy has said there...at the end of the day I know MS might think they can run the Xbox product like a cross between the CIA and Judge Dredd but unfortunately there are a couple of small things they are overlooking..1. Ethics, 2. Legality!

We are getting some traction with this issue through official channels at the moment and will keep you all informed on the progress...am not going to back down on this one and if it means that more official departments and agencies need to be involved then am going to make it as anoying as possible to get somewhere.

it is possiblle, but unlikely, youi got caught up in this  majornelson.com/.../a-guest-post-from-stepto-regarding-console-suspensions   (which is basically saying they are aware of some mis bans recently)

However, as http://whywasibanned.com/  shows us many times,  parents often find out their kids really did deserve the ban!