If they listen to the chat audio they can. You can hear when people say "ok, quit to dashboard now now now". I think they shouldn't ban, and if they do at least give warnings first
English
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That's assuming you use their in game chat feature, not an xbox live party.
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Microsoft can hear you when you use Party Chat
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And that would also mean sifting through thousands upon thousands of conversions, to hand over to Bungie. Hardly worth the time and effort on Microsoft's part.
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Yet we have the same sort of thing on every voice chat system