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Xbox 360 Owner Files a Lawsuit Against Microsoft?

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Old 12-06-2006, 03:53 PM   #1
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Lightbulb Xbox 360 Owner Files a Lawsuit Against Microsoft?

As per TeamXbox:

Xbox 360 Owner Files a Lawsuit Against Microsoft?
By: César A. Berardini - "Cesar"
Dec. 6th, 2006 10:13 am

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.



We'll have more info on this supposed class action agains Microsoft as more info becomes available.
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Old 12-06-2006, 04:13 PM   #2
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This should be a good one...

What's he suing for... $400???

A million other people recieved the fall update with to complications, sounds like a select few had problems is all. Perhaps they should allow Microsoft time to fix the error or let MS replace thier console.

The 360 console is not perfect, I have had to send mine in, but when I did, MS took care of me promptly and they put a new console on my door step 6 days after I sent the old one out. They took care of everything including the S&H or course.

I bet this guy gets nowhere.
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Old 12-06-2006, 04:22 PM   #3
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I really think our courts need to have strict penalties for frivoulous claims. And if the person pursues, they should first have a hearing to determine whether or not it should continue based on its validity. If its just someone trying to cash in on money, then they should get penalized. Maybe this would stop these ridiculous lawsuits.

BTW - I've got a class action against whirlpool. My dishwasher broke a china plate of mine. It was very old and irreplacable - I'm suing for 1 million.

And I think I'm going to sue Microsoft too. They should be allowed to make a console that is so addicting. Its taking up too much of my time!
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Old 12-06-2006, 04:23 PM   #4
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God people are stupid. Some people cannot control their emotions too well. I hope he looses. And he will.
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Old 12-06-2006, 04:30 PM   #5
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Quote:
Originally Posted by mshulman
I really think our courts need to have strict penalties for frivoulous claims. And if the person pursues, they should first have a hearing to determine whether or not it should continue based on its validity. If its just someone trying to cash in on money, then they should get penalized. Maybe this would stop these ridiculous lawsuits.

BTW - I've got a class action against whirlpool. My dishwasher broke a china plate of mine. It was very old and irreplacable - I'm suing for 1 million.

And I think I'm going to sue Microsoft too. They should be allowed to make a console that is so addicting. Its taking up too much of my time!

Well since the only thing damaged is his 360, worth $399 then all he can do is to take MS to small claims court. This of couse would be a complete joke and I'm sure MS would settle and give him a new console since I'm sure MS lawyers are billed out at more the $399/hour.

If it is going to a higher court then Judges can decide what cases they choose to hear. Once examining the evidence if the court decided there wasn't substantial evidence or the plantiff had no legal standing then the case would get thrown out and would not make it to trial of course.

Our legal system works very well and frivilous lawsuits rarley get anywhere.
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Old 12-06-2006, 05:34 PM   #6
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Why am I not surprised that this guy is a resident of California?
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Old 12-06-2006, 05:39 PM   #7
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if there console worked prior to the update and broke after the update then ms should be help accountable. if they refuse to fix the console for free then i would understand the lawsuit but if these kids didnt give ms a chance then its just abuse of the court system. the only one who ever gets paid with class action lawsuits is the law firm handling the case. usualy the people doing the sueing get very little compensation since class action suits involve so many people. they even need to put aside some of the money to allow others enough time to find out about the law suite.
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Old 12-09-2006, 05:44 PM   #8
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haha

what kind of problems are people getting?
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Old 12-09-2006, 07:54 PM   #9
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Money rarelys come out of a class action law suit.All it takes is 4 people to have the same complaint,and the complaints go unsettled.Every 360 owner will have chance to be a party in the claim if the suit is accepted by the court.All registered 360 owners will receive a notification by U.S. mail.MS reputation say they will fight it just like all the Office and Windows complaints.
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