In a recent Xbox.com forum post -- noticed by TeamXbox -- an Xbox 360 owner from California claims to have filed a class action suit against Microsoft for damage caused to his 360 by the fall update. The plaintiff, Gamertag REDRUM6622, has leveled three accusations at Microsoft: breach of contract, violation of the Washington Consumer Protection Act, and negligence. Granted, a forum post is not official confirmation that such a suit actually exists, but the language is very detailed. Frankly, we wonder why the claims are so specific. After all, 360s have been breaking down since long before the fall update.
We know that a lot of 360 owners have had problems with the fall update -- we posted what became a very lengthy thread on the subject -- so a lawsuit may actually be justified. Do you think it would be fair?
See the claim after the break.
Filed on the 29th of November:
XXXXX XXX, Individually and on behalf of all others similarly situated,
MICROSOFT CORPORATION, a Washington Corporation, and certain unidentified Microsoft Corporation affiliates, Defendants. )))))))))))))
CLASS ACTION COMPLAINT FOR:
1. BREACH OF CONTRACT;
2. VIOLATION OF CONSUMER PROTECTION ACT (RCW 19.86); AND
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.
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.
Fall update class action suit against MS?
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