Class action lawsuit could be building against Microsoft for 360 fall update woes
Team Xbox has singled out a recent posting on the official Xbox forums declaring a class action lawsuit has been filed against Microsoft because of hardware problems initiated by the Xbox 360 Fall Dashboard Update. The alleged plaintiff, known by gamertag REDRUM6622, has supposedly accused Microsoft of a breach of contract, violation of the Washington Consumer Protection Act, and negligence; and he has demanded that a jury weigh the allegations.
There has not yet been official verification of the lawsuit's authenticity, but real or not, someone has taken the time to draft a detailed claim -- could it all be for a few laughs? We shall see.
Alleged lawsuit summary posted on the official Xbox forums:
Filed on the 29th of November:
XXXXX XXX, Individually and on behalf of all others similarly situated,
Plaintiff, v.
MICROSOFT CORPORATION, a Washington Corporation, and certain unidentified Microsoft Corporation affiliates, Defendants. )))))))))))))
Case No.
CLASS ACTION COMPLAINT FOR:
1. BREACH OF CONTRACT;
2. VIOLATION OF CONSUMER PROTECTION ACT (RCW 19.86); AND
3. NEGLIGENCE
JURY TRIAL DEMANDED
SUMMARY OF CLAIMS
1. This is a class action against Microsoft and its affiliates for Breach of Contract, violation of the Washington Consumer Protection Act ("CPA") (RCW 19.86) and, alternatively, Negligence. Plaintiff brings this action on behalf of himself and all other persons who experienced hardware problems with their Microsoft Xbox 360 gaming consoles following installation of Microsoft's Fall 2006 Update for the Xbox 360.
THE PARTIES
2. Plaintiff XXXX XXX is an individual resident of California. Plaintiff is the original purchaser and current owner of an Xbox 360 gaming console. Plaintiff brings this action individually and as a class action under Rule 23 of the Federal Rules of Civil Procedure on behalf of the class specified herein.
