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Print E-mail del.icio.us 18 comment(s) - last by onereddog.. on Aug 7 at 5:09 AM

Disgruntled Xbox 360 gamer settles lawsuit with Microsoft

When Microsoft released the Fall Dashboard Update in 2006 for the Xbox 360, users expected new features. 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, Californian man Kevin Ray filed a class action lawsuit against Microsoft seeking $5 million in damages in addition to free repairs after his own Xbox 360 was disabled by the update.

According to Todd Bishop’s Microsoft Blog, Microsoft and Kevin Ray have settled the case under confidential terms. The case was settled as in individual action, rather than a class action.

The settlement of the lawsuit is likely affected by Microsoft’s several revisions to its Xbox 360 warranty. In December 2006, Microsoft extended its general console warranty to one year – up from its previous 90-day coverage. In April 2007, the company decided to bulk up its warranty services by offering free shipping for consoles in and out of warranty.

The latest warranty upgrade came in July 2007, when Microsoft said that it would cover all Xbox 360 for three years from any “Red Ring of Death” defects. The new warranty policy announcement came shortly after DailyTech’s discovery that up to one-third of all Xbox 360 consoles fail within their first year of use.

Following Microsoft’s first revision to its warranty, the company’s customer service records show that the plaintiff’s, Kevin Ray, Xbox 360 console was shipped and repaired without charge.

“Microsoft did not charge Mr. Ray any money for replacing or shipping his Xbox 360 console,” read the company documents. “He has not contacted Microsoft with any further complaint.”



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Typical person looking for a lawsuit
By mdogs444 on 8/6/2007 9:39:04 AM , Rating: 5
quote:
“Microsoft did not charge Mr. Ray any money for replacing or shipping his Xbox 360 console,” read the company documents. “He has not contacted Microsoft with any further complaint.”


Although I feel bad for anyone who had issues with their Xbox 360, this Ray guy is a typical piece of work.

MS releases an update, and something faulty happens. He is instructed to contact them in which they pay for everything to get him a replacement. So he sues them for $5 million? Thats a load of BS and glad it was settled out of court.

In fact, its people like that, that give our judicial system and court of law a bad name. People with legitimate lawsuits are being flanked and thrown out of court becuase everyone is "sue crazy". Everyone wants to make that quick dollar by convincing a few people that they were taken advantage of.

Pretty sad really. You can only cry wolf so many times, and if this guy really does have something vital happen to him in the future, and it gets thrown out, I'll be the last one to feel sorry for him.




RE: Typical person looking for a lawsuit
By bobsonthegreat on 8/6/2007 9:57:12 AM , Rating: 2
$5 million!? What's he doing with the thing? Running a multinational business from his living room? Idiot. He must've had a case or they wouldn't have settled but quite frankly, I'd like to have seen Microsoft counter-sue for perversion of the system or whatever they call it. Well I don't know I'm no lawyer, but I agree with you - people like that get right under my skin.


By Moishe on 8/6/2007 10:00:39 AM , Rating: 2
quote:
$5 million!? What's he doing with the thing? Running a multinational business from his living room? Idiot. He must've had a case or they wouldn't have settled but quite frankly, I'd like to have seen Microsoft counter-sue for perversion of the system or whatever they call it. Well I don't know I'm no lawyer, but I agree with you - people like that get right under my skin.

"pain and suffering" :)


RE: Typical person looking for a lawsuit
By FITCamaro on 8/6/2007 10:58:25 AM , Rating: 1
I agree. I hate people who think they're due huge amounts of money because of stupid crap.

"Oh. I can't play video games. I'm suffering from a loss of the one thing I'm good at in life because...I sit and play video games all day."

Funny how a lot of this crap originates in California...
F***ing liberals.

I hope to god he didn't actually get any money.


By rcc on 8/6/2007 4:32:36 PM , Rating: 2
quote:
Funny how a lot of this crap originates in California...

quote:
F***ing liberals.


Don't generalize. Us natives are ok (of course that's a generalization too : )), its the fruitcakes the rest of the country keeps sending us. I'm going to have to look up the stats on actual native californians to imports.

However, in this case, put out the word, anyone that does business with opportunists like this should charge them triple.


By psychobriggsy on 8/6/2007 10:06:30 AM , Rating: 2
He sued (Fall 2006), and then Microsoft extended the warranty (December 2006) and repaired his XBox360 under the extended warranty.

At the time he sued, surely it would not have been under warranty, and thus he was left with a brick that Microsoft broke with their update, and no way to fix it without paying money.


RE: Typical person looking for a lawsuit
By phatboye on 8/6/2007 10:12:34 AM , Rating: 2
You should read this first. MS certainly didn't offer him a free replacement at first and that is why he is suing.

http://www.dailytech.com/Microsoft+Sued+for+Bricki...
quote:
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.


RE: Typical person looking for a lawsuit
By ruibing on 8/6/2007 11:55:57 AM , Rating: 2
I still think asking for $5 million is way too much. I would just ask for a free xbox elite, free controllers, some free games, and maybe some premium lifetime live membership. Maybe that just means I can't see the big $$$ picture.


By User1001 on 8/6/2007 1:01:09 PM , Rating: 3
Correct me if I'm wrong, but since it's a class action suit it is unlikely all five million will be going (or whatever it is after lawyer fees) to the principle plaintiff.


By vorgusa on 8/6/2007 11:55:01 AM , Rating: 2
The article seems to be leaving out some information... The article mentions that it is a class action lawsuit, but does not mention how many people are involved. Could be a lot more people then just him.
While I also agree that 5 million is a bit much, it might just be for publicity and to make it sound more threatening so they would taken serious


By onereddog on 8/7/2007 5:05:54 AM , Rating: 2
You have to understand that the a class action is an action for not an individual but for a class.
Meaning that the $5 mill is to be shared amongst all those who qualify for the class action, more specifically all those who are in the same situation as this dude with his X-box.

He would only be getting $5mil if it was more like the Mcds got coffee case and its multi million dollar punitive damages award.


You guys don't have a clue
By PAPutzback on 8/6/2007 10:04:10 AM , Rating: 1
If you are a 360 owner you should be sending this guy a note of thanks because he got you a 3 year warranty becuase he had enough balls than just complaining in the forums.




RE: You guys don't have a clue
By mdogs444 on 8/6/2007 10:31:33 AM , Rating: 2
I dont think that parts entirely true, at least regarding his situation. Im sure MS would have gladly paid his $5mil request vs. the $1+ Bil warranty extension.


RE: You guys don't have a clue
By PAPutzback on 8/6/2007 11:33:16 AM , Rating: 3
5 mil would of been the start of a much bigger class action suit. That is why the quietly took care of this guy and put the warranty extension out. I'd bet anything that once that guys issue was solved the lawyers at MS said you better take a 1 billion hit on warranties than a 1billion hit on warranties and a 500 million dollar class action lawsuit.

It was good marketing to. They'll lose some money for sure but this lets us know that we can feel safe buying a 360.


RE: You guys don't have a clue
By OxBow on 8/6/2007 1:24:01 PM , Rating: 2
Thanks for pointing this out. It's good to see someone with a sense for how the law works and corporate marketing post. gj


RE: You guys don't have a clue
By James Holden on 8/6/2007 5:46:51 PM , Rating: 2
I can pretty much guarantee you dailytech had more of an impact than this guy:

http://www.dailytech.com/article.aspx?newsid=7892


RE: You guys don't have a clue
By onereddog on 8/7/2007 5:09:14 AM , Rating: 2
You can guarantee it?
How so?

Because all of the Microsoft shareholders are regular readers and subscribers of Dailytech. Or is it because people who would buy an X-box in the future read and believe everything they read on these forums?


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