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A class action lawsuit seeks $5 million and free repairs

When Microsoft released the Fall Dashboard Update for the Xbox 360, users expected 1080p, HD DVD, WMA streaming and more. What no one expected was that the update crashed consoles, rendering them mostly useless. Microsoft quickly acknowledged and fixed the problem, and advised those who had bricked consoles to contact Xbox tech support for further instruction.

More than a month after Microsoft’s dangerous Dashboard, a Californian man is leading a class action lawsuit against Microsoft after his own Xbox 360 was disabled by the update, according to Ars Technica’s report.

Apparently, after contacting Xbox tech support following the faulty update, Kevin Ray was refused repair of his console unless he paid the usual $140 charge that Microsoft requires for servicing/exchanging a machine. The class action suit filed in a Washington federal court seeks over $5 million in damages in addition to free repair for all Xbox 360 fallen victim to the Fall Dashboard Update.

Microsoft only warranties Xbox 360s for 90 days following purchase, but users have the option to purchase extended warranty directly for an added fee. Failure rates have been abnormally high, especially among launch window consoles, that Microsoft has agreed to repair all machines manufactured in 2005 free of charge, and issue a refund for those who already paid for repairs of launch units.



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Hilarity ensues
By keitaro on 12/11/2006 6:30:41 AM , Rating: 4
Heh, funny... they bricked customers' units, and they wanted money for fixing what they broke. Now we know the unknown step prior to the "Profit!" step. :)

This case will be settled quickly. If my unit was bricked by a borked software update, all I want is the unit to be fixed and a bit of compensation for the trouble (ie. a few dollars for food). 5 million bucks? I think the guy's asking a wee bit too much.




RE: Hilarity ensues
By FITCamaro on 12/11/2006 6:45:23 AM , Rating: 3
Just another example of a frivolous lawsuit that is going to tie up the courts. He'll get his 360 fixed/replaced for free. I'd love to know what justification he has for wanting $5 million dollars.

"The pain and suffering of not being able to play my Xbox 360 is causing me undue emotional stress..."


RE: Hilarity ensues
By clayclws on 12/11/2006 7:08:35 AM , Rating: 1
quote:
The class action suit filed in a Washington federal court seeks over $5 million in damages in addition to free repair for all Xbox 360 fallen victim to the Fall Dashboard Update.


I guess the writer meant to say the USD 5 million is for all X360 owners that had fallen victim to the so-called update.


RE: Hilarity ensues
By Christopher1 on 12/11/2006 7:35:51 AM , Rating: 3
That's exactly what it was: the 5 million was for ALL XBox360 owners whose consoles were rendered non-compis-mentis during thsi period.

Frankly, as much testing as these updates are SUPPOSED to go through, there was NO justifiable reason for the update doing this. Unless, the XBox360 doesn't have a 'partial file' detector that would tell it that the update didn't finish downloading.

I think that's actually what bricked most of the consoles: an incomplete download of the update that the console stupidly still tried to install.


RE: Hilarity ensues
By TheDoc9 on 12/11/2006 1:06:59 PM , Rating: 2
The way I read it is that the 5 mil is for him, the fixing of others consoles is in addition to what he wants.


RE: Hilarity ensues
By masher2 (blog) on 12/11/2006 8:09:08 AM , Rating: 2
> "...the USD 5 million is for all X360 owners that had fallen victim."

Actually, the $5 million will go to the ambulance-chasing attorneys filing this suit. The owners will get a coupon for 15% off their next XBox 360 accessory. They'll get their unit fixed for free, of course...but they would have gotten that even without the suit.


RE: Hilarity ensues
By darkpaw on 12/11/2006 9:12:10 AM , Rating: 1
Absolutely correct - the only thing class action suits do is make laywers rich.

The clients usually get some kind of stupid discount voucher or a $5 refund while the laywers make millions.


RE: Hilarity ensues
By kamel5547 on 12/11/2006 12:04:44 PM , Rating: 2
Funny, the last class action lawsuit I was a part of netted me around $350.


RE: Hilarity ensues
By Christopher1 on 12/11/2006 2:55:50 PM , Rating: 2
Wrong. Class action lawsuits are sometimes the ONLY way to get manufacturers, makers, and providers to cough up and do what they should have done in the first place.

Frankly, there should be a limit of 10% or 10,000 dollars (minus hourly fees) for the attorney's in cases, whichever is less.

I am a paralegal, and even I have to say that they have to fix this system, or it is going to drive manufacturers bankrupt sooner or later. Then again however, there are TONS of things that should be fixed or should have been fixed in the American and world legal system, but haven't been.


RE: Hilarity ensues
By Sylar on 12/11/2006 9:14:22 AM , Rating: 2
Compared to most class action lawsuits, 5 million isn't much. What did you expect him to sue MS for, $140? Although that would be a first.


RE: Hilarity ensues
By encryptkeeper on 12/11/06, Rating: 0
RE: Hilarity ensues
By tour2000 on 12/11/2006 10:58:03 AM , Rating: 4
The cost (5 Million) of the lawsuit in "Class Actions" doesn't go to one person. They spread the penalty out to ALL people that were damaged by the action that the suit covers. It allows for penalty to microsoft (idea is they should think twice before they do it again) and a tiny bit of money for each person in class action suit.

Like a recent lawsuit against Verizon. of the total millions, I get like $50 bucks!



"Well, we didn't have anyone in line that got shot waiting for our system." -- Nintendo of America Vice President Perrin Kaplan

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