Xbox 360 Owner Files a Lawsuit Against Microsoft?

Razor05 · 12-06-2006, 03:53 PM

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.

360kid · 12-06-2006, 04:13 PM

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.

mshulman · 12-06-2006, 04:22 PM

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!

ViperVenom18 · 12-06-2006, 04:23 PM

God people are stupid. Some people cannot control their emotions too well. I hope he looses. And he will.

360kid · 12-06-2006, 04:30 PM

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.

junehhan · 12-06-2006, 05:34 PM

Why am I not surprised that this guy is a resident of California?

bboncorr · 12-06-2006, 05:39 PM

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.

SDef · 12-09-2006, 05:44 PM

haha

what kind of problems are people getting?

drock912001 · 12-09-2006, 07:54 PM

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.

12-06-2006, 03:53 PM	#1
Razor05 The 65 VT & Neil Rock! Join Date: Jun 2005 Location: Canada Posts: 5,539	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. __________________ Panasonic TC-P65VT50 Sony KDL37XBR6 Panasonic TH-37PX50U Cambridge Audio Azur 640R & 740C Paradigm Studio 60's, 20's, CC-590 & Seismic 12 Panasonic DMP-BDT220 & DMP-BD35 Toshiba HD-XA2 & A35 MW2 LE & Halo3 LE Xbox 360 + HD-DVD + Kinect GT: Razor59 Sony PS3 slim, PSP GT:Razor_59 Galaxy Nexus MacBook Pro - Retina 2.6 GHz Intel i7 16GB 512 SSD - 330 - 55

12-06-2006, 04:23 PM	#4
ViperVenom18 High Definition is the definition of life. Join Date: Feb 2006 Posts: 641	God people are stupid. Some people cannot control their emotions too well. I hope he looses. And he will. __________________ -Sony 34in HDTV - KD--34XS955 -Denon AVR-3300 -Denon DVD-1000 -Definitive Tech. BP 2004tl Bipolar towers w/ built in 10in subs. -Definitive Tech. BP2X Bipolar surrounds -Definitive Tech. C/L/R 2300 center channel with built in 8 inch subwoofer. -DIY 15 inch TC-2000 subwoofer tuned to 20hz with 1200 watt amp rms. -Xbox 360 (Gamertag: C Dimension) Soon to come: Nintendo Wii.

12-06-2006, 05:34 PM	#6
junehhan High Definition is the definition of life. Join Date: Aug 2006 Location: Homer, Alaska Posts: 6,125	Why am I not surprised that this guy is a resident of California? __________________ X360 Gamertag junehhan Microsoft X360 -Vizio BDP -Bose Accoustimass 5.1 channel system Downtown Homer Rotary Club member Personal and Business Banker, Wells Fargo Homer Alaska.

12-06-2006, 05:39 PM	#7
bboncorr High Definition is the definition of life. Join Date: Nov 2005 Posts: 4,468	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. __________________ Living Room pioneer kuro plasma PDP-5010FD (9.9) Denon 4308CI (9.5) B&W 683's, HTM61, 685's (9.0) Sony PS3 (9.0) Sony BD-S350 (9.5) HSU VTF-3 MK3 sub (9.0) Harmony 1000 (9.5) XBOX360 + HD DVD (9.2) Nintendo Wii (7.5) Netflix Roku (9.0) Gaming Room 60A3000 (8.7) Halcro ssp200 (10. perfection) Deftech BP7004, C/L/R2002, BP2X (8.7) Sony Remote Commander (7.0) Toshiba HDA35 (7.9) Samsung 1400 (5.0) Bedroom Panasonic TH-42PZ85U (8.7) Tivo HD (9.7)

12-09-2006, 07:54 PM	#9
drock912001 NFL in HD nothing else Join Date: Nov 2005 Location: Charlotte,NC Posts: 1,952	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. __________________ Vizio VL370M Toshiba HD-XA1 Direct HR23-700 Denon AVR-2313CI Polk RM 6750 (temporary) PS3 160gb HD DVD 29 Blu-ray 74

12-06-2006, 04:13 PM	#2
360kid Life Is Expensive Join Date: Apr 2006 Posts: 861	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.

12-06-2006, 04:22 PM	#3
mshulman My Projector is High Def. Join Date: Nov 2004 Location: Marlborough, MA Age: 38 Posts: 7,089	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!

12-09-2006, 05:44 PM	#8
SDef Mr Voorhees Join Date: Nov 2006 Location: Georgia Posts: 18	haha what kind of problems are people getting?

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