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Scratched discs from the Xbox 360 (Source: The Consumerist)
Microsoft sued for its Xbox 360 making rings, but not of the red variety

On the heels of reports showing up to one-third of Xbox 360 consoles suffer a hardware failure, and the Microsoft action of extending the warranty to up to three years in cases of the Red Ring of Death, it is not at all surprising to learn that a class action lawsuit has been filed against the Redmond-based console maker.

The lawsuit is not for the dreaded Red Ring of Death, but rather for the console’s rare but nasty habit of scratching discs. As Joystiq reports, the lawsuit contends that the plaintiffs in the case "have been damaged in that their game discs were destroyed by the Xbox 360 during reasonable, foreseeable, normal, and intended use... The Xbox 360 was negligently designed and manufactured in that the Console's laser disc reading assembly contacts and scratches the video game discs during normal and intended operation and use."

The issue of the Xbox 360 scratching discs even when the console is unmoved first caught the attention or European consumer watchdogs after a special feature ran on Dutch TV show Kassa. At the time of the complaint, Microsoft said to 1UP, "We are working in an open dialogue with Commissioner Kuneva to clarify our position and all the efforts we are taking across the EU, and in fact globally, to address any consumer concerns. As we have said previously, there is no widespread issue regarding scratched discs as is alleged by Kassa. That said, we encourage any Xbox customer who believes that their discs have been scratched in the same manner as identified by Kassa, to contact us."

Microsoft’s statement continued, "We will examine the console and make appropriate repairs if necessary in order to restore the console to full working order, as well as provide customers with information on how to obtain replacement discs should they need them."

Filed in Fort Lauderdale, Fla. by Jorge Brouwer, a Broward County resident who bought an Xbox 360 in 2006, the lawsuit seeks five million dollars in damages for the scratched game discs. Microsoft has yet to respond.

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RE: Florida
By h0kiez on 7/12/2007 9:08:42 AM , Rating: 2
My only issue is that $20 is a ludicrous price for a replacement. For games that have been out for 6 months, you could go to the store and buy it new for that price sometimes. Stamping a disc costs <$1 and for scratches that are the console's fault, this shouldn't be a profit center for MS. Replacements should cost no more than $10 including shipping.

RE: Florida
By Krashnicki on 7/12/2007 9:24:01 AM , Rating: 3
These damages are caused by a defect in the console. Microsoft should be fully responsible. At the very most consumers should have to pay to ship the old disc back.

RE: Florida
By Flunk on 7/12/2007 9:35:04 AM , Rating: 2
It doesn't matter the cause. If Microsoft doesn't let you back up the discs they should be replacing them at cost for any reason.

RE: Florida
By h0kiez on 7/12/2007 10:11:02 AM , Rating: 2
They don't let you play backup discs?

Don't tell my 360 that ;-)

RE: Florida
By webdawg77 on 7/12/2007 9:59:12 AM , Rating: 2
I completely agree. But, I'm not going to sit around for 6 months or so waiting to see if M$ decides that they'll replace the discs for free. I'd rather pay $20 now and enjoy my game and get the money back later. It might be retroactive later, like the fees for fixing the RRoD consoles.

BTW, I am on my 2nd console since the first did RRoD. However, I think it was also the first console that ended up scratching the disc.

Also, I know it was the disc having the problem and not the drive since a rented GoW disc works fine everytime along with other games like Burnout and CoD.

And no, I did not move the 360 with the game disc in while playing or at any other time. Both consoles have always been in the horizontal position. When moved (rearranging), the games were taken out.

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