Class Action Filed Against Microsoft over 360

[Peench]

Xbox Live user REDRUM6622 claims he has filed a class action lawsuit against Microsoft because of the problems he and other users have experienced after performing the Fall System Update.

The following info was posted on the official Xbox forums:

Filed on the 29th of November:

XXXXX XXX, Individually and on behalf of all others similarly situated,
Plaintiff, v.
MICROSOFT CORPORATION, a Washington Corporation, and certain unidentified Microsoft Corporation affiliates, Defendants. )))))))))))))

Case No.
CLASS ACTION COMPLAINT FOR:
1. BREACH OF CONTRACT;
2. VIOLATION OF CONSUMER PROTECTION ACT (RCW 19.86); AND
3. NEGLIGENCE
JURY TRIAL DEMANDED

SUMMARY OF CLAIMS

1. This is a class action against Microsoft and its affiliates for Breach of Contract, violation of the Washington Consumer Protection Act (“CPA”) (RCW 19.86) and, alternatively, Negligence. Plaintiff brings this action on behalf of himself and all other persons who experienced hardware problems with their Microsoft Xbox 360 gaming consoles following installation of Microsoft’s Fall 2006 Update for the Xbox 360.

THE PARTIES

2. Plaintiff XXXX XXX is an individual resident of California. Plaintiff is the original purchaser and current owner of an Xbox 360 gaming console. Plaintiff brings this action individually and as a class action under Rule 23 of the Federal Rules of Civil Procedure on behalf of the class specified herein.

Source

I'm sure I could find it and read it if I wanted to, but I don't know that I will spend my time doing so. I am, however, interested in determining how Redrum intends to prove his allegations. Maybe I will pull it up and read it... If I do, I'll post my thoughts.

[ZoomZoom71]

That dude's got a lower gamerscore than I. He must not play much. Or, maybe his system died because of the Fall Update.

[KEEZY]

Zoom, you should go testify.

"Your Honor, this man has no credibility. Look at his gamerscore, it is lower than mine!"

[SpOoNmAn]

Originally Posted by KEEZY

Zoom, you should go testify.

"Your Honor, this man has no credibility. Look at his gamerscore, it is lower than mine!"

[D_Litch]

Originally Posted by KEEZY

"Your Honor, this man has no credibility. Look at his gamerscore, it is lower than mine!"

[dmiller68]

Not to mention he could go buy a new one for half what he is going to get if anything from this case.

[Peench]

The first step is getting the class certified. Not sure if that has been done yet. As the class rep he might get more than the average person, but I'm still not quite certain (1) the class will be certified (if not already), and (2) that there are actual claims that exist.

[Wondermonkey]

Originally Posted by dmiller68

Not to mention he could go buy a new one for half what he is going to get if anything from this case.

Class action suits like this one are less about monetary value and more about forcing a company to change something. We may all be getting letters soon.

If I'm not mistaken, another class action suit is what brought MS to recognize the "failures" and finally agree to pay for repairs. Or maybe it was just the threat of a class action.

[GoatMother]

Originally Posted by Wondermonkey2k

Class action suits like this one are less about monetary value and more about forcing a company to change something. We may all be getting letters soon.

If I'm not mistaken, another class action suit is what brought MS to recognize the "failures" and finally agree to pay for repairs. Or maybe it was just the threat of a class action.

That's what I was thinking as well. I knew the 3-5% defect rate was just more BS. I'm all for forcing MS to take better care of their devoted fans.

[Peench]

But what better care can be taken? They voluntarily extended warranties, replaced a large amount of consoles and took other steps to take care of repairs of faulty consoles. What more could he be asking for?

[GoatMother]

Originally Posted by Peench

But what better care can be taken? They voluntarily extended warranties, replaced a large amount of consoles and took other steps to take care of repairs of faulty consoles. What more could he be asking for?

What Wondermonkey2k said.. They weren't always taking care of faulty consoles, at one point people were charged for getting their systems fixed. Didn't you see the repair refund check? If there weren't peope complaining about it, pressure from lawsuits, etc I doubt that would have happened.

[Peench]

Yeah, but my point is it did happen. If it hadn't yet happened I can understand the lawsuit. But the suit was filed at the end of November of this year. Well after MS took care of the people and issued refund checks for those who originally had to pay. I really want to read over this suit to see exactly what is being alleged and what the Plaintiff is requesting on behalf of the class. I guess I can only surmise so much without actually looking at it.

[BrewCityUpstart]

My thoughts exactly, Peencheroo.

[SpOoNmAn]

The ass wants attention, get his address and I shall throw Rambo feces at his dwelling!

[KEEZY]

He called the ish poop (sorry saw Adam Sandler talk somewheres).

I agree that the first lawsuit was justified, and a lot of good came out of it. (Crap, I just realized that my 360 has no warranty anymore, lol) A year warranty is on par with the PS3, and pretty decent at that. I just am not sure what will come out of this lawsuit.

Is there any gamble associated with joining this lawsuit? If not, and letters do go out, people will be all over it, tryin to get that paper.

[Jon Liu]

haha Keezy!

"It's poop agin!"

"He called the S**t, poop!"

"Don't put it out with your boots, Ted!"

"Don't tell me mah bi'ness Devil Woman!"

haha I love that movie.

Oh and back to topic at hand. I believe it's just a cry out for attention as well. In fact.. I think I should sue, personally!! haha