dissapointment in xbox live and cod

ok i went to walmart bought a little card that said Call of Duty elite premium membership 49.95. i get home redeem the code, and guess what happened???? it says "elite is no longer activating premium memberships for mw3", and i cant take it back..... isnt that some crap.... i am contemplating talking to a lawyer about it, cause at the same walmart i went and bought the PC game Diablo 3, got it home put it in and got the message "no data found on disc" 59.95. and they dont do returns on games... so im thinking i might have a decent lawsuit building agaainst walmrt..... input about this????

I would call Microsoft and try and get the elite converted to 4000 MSP which is what it should have been anyway. I have seen those cards and usually the code is for MSP and you use the MSP for elite.