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Xbox 360 Legal Action

Posted in Law, Microsoft, Previews, Xbox 360 by admin on December 6th, 2005.

Engadget writes and reports: “Chicago resident Robert Byers isn’t buying Microsoft’s claim that “only” 3% of the Xbox 360s that have been sold were faulty, so he’s filed a class action lawsuit against the corporation in an Illinois federal court calling for undisclosed damages, litigation expenses, and the replacement or recall of 360 consoles. The suit claims that Microsoft knowingly released a defective product in order to beat Sony (and presumably Nintendo) to market and gain an early foothold in the next-gen console “war.” As we’ve reported several times, users have been complaining that their new Xboxes crash during regular and online play, displaying various error messages or blanking the screen, and that many units have right toasty power bricks. We sure hope this all gets resolved soon, because we are still on hold waiting for customer service to troubleshoot our store-bought 360.”

It sounds like another frivolous lawsuit to me, and in no way a “class-action”. Defective Xboxes represent an incredibly small fraction of the total units sold (as it should be), and thus its unlikely that this is a fruitful lawsuit. At best, the prosecutors are looking at a restitution similar to that of the PS2 lawsuit (which was just settled): $25, a game, and any necessary repairs/replacements. And how long did the PS2 lawsuit take to get settled? Almost until the Xbox 360 came out…

This entry was posted on Tuesday, December 6th, 2005 at 7:42 am and is tagged with xbox 360s, class action lawsuit, litigation expenses, frivolous lawsuit, xbox 360, necessary repairs, engadget, robert byers, suit claims, next gen console war, defective product, foothold, restitution, bricks, error messages, replacements, prosecutors, consoles, several times, damages. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback.

12 Responses to “Xbox 360 Legal Action”

  1. Apparently Xbox 360 damages disks should you shift the unit while it’s on and the disk is inside. This is alarming.

  2. william c walls says:

    My xbox 360 also crashes during game play in car races cars fly off road into a blank tv screan.

  3. John Martoccio says:

    I also have a 360 (second one so far) that has failed. The first one purchased November 24th, and given to my son at Christmas had a failed in less than 48 hours of play. The replaced unit, has scratched a game (Gears of War). Microsoft claim that if the unit receives any vibration or has a loss of power, this can cause the unit to scratch disc’s. I explained that the unit was plugged directly into power of the home, and no movement of the console occurred. Microsoft refuses to replace the game disc or the console. This is clearly a defective product. I purchased an additional warranty from Circuit City ($80) which only covers a “ONE TIME REPLACEMENT”. This product is CLEARLY defective, and I wish to join this lawsuit.

  4. Justin Necheporek says:

    I just recently purchased an XBox for Christmas 2006 along with a brand new copy of Gears of War.Both were brand new factory sealed and within the first week of gameplay it would freeze up constantly.I treat my electronics like children so it’s the XBox not me.Anyone looking to buy a next-gen console should do thier homework before investing in this rip-off.

  5. Nolan Rizzo says:

    my 360 works fine

  6. jc says:

    so does mine and its my firest one

  7. charles mccrea says:

    i bought the xbox 360 and i have played it for well over 400 hours now and left it on for around 900 hours and nothing has happened

    same with everyone else that has a 360
    obviously people are lying about this
    the 360 works fine

  8. vbgod13 says:

    Or you’re just ignorant, Charles. I’m 32 years old and I treated my 360 like gold, but it died while playing “The Godfather” – I go another one, and the same thing happened. It has nothing to do with the amount of time you play – it’s about what games you play, and what kind of toll they put on the system – some games use all three processors, some only use two –

    I don’t think people (myself included) would waste time lying about this – we’d much rather be playing our 360s than perpetrating falsehoods on the internet, ding dong.

  9. Tony Starks says:

    i had two xbox360’s. One burned out and the other one had the SAME problem. this sucks that they did it….but i don’t want to go to ps3 because i have nothing but xbox stuff in my house. its sucks so f’n bad

  10. Dave Charnow says:

    My Xbox 360 had the 3 blinking lights error.(ref#106099XXXX) They said they fixed it and shipped it back to me. When I opened the box I saw the letter saying sorry we replaced yor xbox with another unit and the serial number is changed. So now I had to notify my Independant extended warranty company of the new seriel number. Great. I get everything hooked up only to find out this xbox was originally sold overseasand has a minor flaw in it”Intermittant video loss which looks like static encroaching on the screen till eventually complete video loss. I was unhappy that I had to wait 3 weeks for getting my Xbox360 back from repairs but when this happened let’s just say I’M MAD AS HELL. So now I’m told (ref#106284XXXX) that I have to send this POS back and once again be without xbox for another 3 weeks does not cut it. I want my original Xbox repaired and returned to me or a brand new one in original sales box. I bought this machine because I liked it. I took care of my machine and it still got the flaw that all xbox 360s get that is why I bought a 3 year extended warranty. The machine in my possetion now was god knows whos and only god knows how it was abused.I am through talking to the call center in India.

  11. fattchris says:

    HAHA. Looking back at this old thread, it is funny to see how people “think” that the xbox 360 hardware failures were only a small percent. M$ has acknowledge their problems, and has even extended warranties to 3 years to accommodate their poor hardware. I myself just sent in my FIFTH 360 that failed.

    To all of you who think there is nothing wrong with the xbox, wake up out of your dream world.

  12. Joey Puckett says:

    Ive had my jasper Pro unit 3 months now set it up and have NOT moved it from its spot, its well ventilated as well as the power adapter and is not standing up on end. Seems to me every time i play NFS: Carbon or Forza2 (which is why i bought a 360) it FREEZES UP! Funny..though…never saw a PS3 do that, or a PS2, or a PSP, and i had a ps1 play twisted metal after i broke the disc in half and taped it back together. I have a PS2 that still plays great even after surviving my sister and my brother, as well as my son currently. Hey Microsoft…sure you dont wanna go take notes on how to build a system, i hear Ken Kutaragi knows how to build a good system. In closing, this product is the most sub-standard, overpriced, poorly thought out, technical nightmare that i have ever seen in my entire life…give me back my money Microsoft!

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