Every Xbox user knows about the party chat system, and almost every Xbox user also knows that being in it mutes game chat. If they do this, they know they are doing this, which means it's their own free choice. If they did care to talk to a person, rather than kill and take their loot, they could do it in a couple of seconds with the click of two buttons. Also bear in mind that a LOT of Xbox players don't even have mics, or just don't like using them outside of party chat.