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Print 78 comment(s) - last by cochy.. on Dec 16 at 4:05 PM

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: ?
By glennpratt on 12/11/2006 9:51:43 AM , Rating: -1
Really? 5th, 6th? I call BS on that.

I'm on my first, it's been on everyday for several hours a day since February. I know two other people with them, and no complaints yet.


RE: ?
By encryptkeeper on 12/11/06, Rating: -1
RE: ?
By Enoch2001 on 12/11/06, Rating: 0
RE: ?
By encryptkeeper on 12/11/06, Rating: -1
RE: ?
By Samus on 12/11/2006 2:08:49 PM , Rating: 1
your girlfriend IS your xbox. how's the sex?


RE: ?
By Zirconium on 12/11/2006 11:00:29 AM , Rating: 1
He's gone through 7 Xbox 360s in a year? There's something wrong with that boy; I'd dump your gf cuz it might be genetic.


RE: ?
By encryptkeeper on 12/11/2006 11:15:28 AM , Rating: 1
Nope. He's sent it back so many times. Some worked for a little while, some didn't. They never tried to charge him, on the contrary they were always very helpful (which is the odd thing) but by a bad stroke of luck they kept sending him bad consoles.


RE: ?
By JCheng on 12/11/2006 11:48:49 AM , Rating: 4
It's statistically almost impossible that he got 7 bad ones in a row... say each Xbox has a 10% chance of going bad in the first few months (that's an incredibly high estimate, the real number is probably an order of magnitude or two lower). The chances of getting 7 bad ones in a row is 1 in 10,000,000. If the chances of getting a bad one are 1%, then the odds decrease to 1 in 100,000,000,000,000.

So either there's something wrong with his powerline, or he's just breaking the things...


RE: ?
By encryptkeeper on 12/11/06, Rating: -1
RE: ?
By masher2 (blog) on 12/11/2006 1:19:22 PM , Rating: 4
> "Damn. If you did the math to figure that out, you are REALLY a loser"

Anyone who can't do the math for that one in their head, in about half a second, is pretty much a loser in my opinion.


RE: ?
By sxr7171 on 12/12/2006 2:12:52 AM , Rating: 2
Ha Ha! Very true. There are just too many stupid people on the internet. People who can neither spell 4th grade level words nor demonstrate the grammar level of a 4th grader. Then there are those who can't even handle basic math in their heads.


RE: ?
By KashGarinn on 12/12/2006 4:33:19 AM , Rating: 5
Hehe, reminds me of that verizon thing on youtube.com : http://youtube.com/watch?v=Gp0HyxQv97Q

The fact people go "omg, he can use his brain to do simple math! He must be a loser" makes me think 2 things

1) they must be americans.
2) they must be working for verizon.

K.


RE: ?
By Christopher1 on 12/11/2006 2:52:34 PM , Rating: 3
There is another possibility: design flaws.

When my father was buying our first Pentium 486 computer 14 years ago, we got THREE in a row that had hard drive problems.

When I bought my Xbox original, I had to return it once to get another console because it fried itself.

Frankly, most homes in the United States have NOTHING wrong with the powerline, and if he had a surge protector on it..... that lets out the powerline problems.


RE: ?
By Aquila76 on 12/11/2006 4:56:09 PM , Rating: 5
quote:
When my father was buying our first Pentium 486 computer 14 years ago


That was his problem right there.


RE: ?
By rcc on 12/12/2006 11:50:39 AM , Rating: 3
There are still a substantial number of homes in the US that have power issues. Mostly older construction or rural. Electronics in general don't like low voltage or brown outs. They really don't like it when the power starts to drop, starts to come back up, etc. before stabilizing either on or off. This is related to the warnings you get about not turning something off, then on immediately.

So, is the Pentium 486 the really fast 486? Or the really slow Pentium?


RE: ?
By Tsuwamono on 12/14/06, Rating: 0
RE: ?
By S3anister on 12/11/2006 12:25:17 PM , Rating: 3
something in life must just hate them.

I've had THE SAME xbox360 since day 1 when it came out, yes that's right i waited in a line to get the $400 x360 and it STILL WORKS, i use it for everything, new and old games, and it always gets used as my family's DVD player.

sweet console, and yes, a lot of these consoles work fine without any problems, i think a lot of people just don't treat them right.


RE: ?
By ZeeStorm on 12/11/2006 10:54:30 AM , Rating: 3
I got 3 friends with them, 1 of them their DVD drive broke (on their 2nd one now), 1 of them bricked from update (2nd one now), and 1 had their HDD crash (2nd one now). Ehh, it's so random. I'm just surprised they each had problems with the first one (but they were all launch consoles..)


RE: ?
By ATC on 12/11/2006 6:58:32 PM , Rating: 2
You shouldn't take my word for it; just go to the various Xbox forums (Xbox Scene, Teamxbox etc...) and read the thousands of threads you'll see what I mean.

Just because you didn't have any issues, does not mean those who do are lying.

I've always thought MSFT was a software company first and hardware second, well it sure seems to be a distant second imo.


"Mac OS X is like living in a farmhouse in the country with no locks, and Windows is living in a house with bars on the windows in the bad part of town." -- Charlie Miller

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