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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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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.

"So if you want to save the planet, feel free to drive your Hummer. Just avoid the drive thru line at McDonalds." -- Michael Asher

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