Microsoft Get's Sued By Xbox 360 Owner

[MC]

Back when Microsoft released the fall update for the Xbox 360, a number of people reported that the new download ended up killing their systems. When we contacted Microsoft for a statement regarding these reports, their reply was, "A small percentage of consoles (less than 1 percent) were affected by the Fall Update. An updated version of the Fall Update was made available on Xbox Live on November 1 which eliminated issues relating to new or refurbished consoles malfunctioning after applying the Fall Update."

The company also adds, "Xbox Support is paying for the shipping and repair/replacement of all Xbox 360 consoles that malfunctioned as a result of the Fall Update on October 31, before it could be fixed on November 1. They just need to phone Xbox Support and give them the proper error message indicating it was the Fall Update that affected their console."

For Xbox 360 owner Kevin Ray, this is too little, too late. Ray downloaded the fall update at the beginning of November, after Microsoft says it fixed the update. This download resulted in a nonfunctioning Xbox 360 console for Ray. After contacting Xbox Support, Ray was told that Microsoft would not pay for the cost to repair or replace his console. On November 29 Ray filed a class-action lawsuit against Microsoft on the behalf of consumers who experienced Xbox 360 hardware failures after downloading the fall update.

The official complaint filed by Ray's lawyer says, "The members of the Class for whose benefit this action is brought are dispersed throughout the United States ... Plaintiff believes that Class members number in at least the thousands." The complaint also says, "Despite acknowledging the existence of the problem, Defendants have refused to make complete restitution to owners of Xbox 360s damaged by the Fall 2006 update." Ray's class action complaints are for breach of contract, violation of the consumer protection act, and negligence. The suit seeks $5 million from Microsoft in damages to affected Xbox 360 users.

Source: http://xbox360.gamespy.com/articles/750/750705p1.html

 

[Sandstorm]

Oddly enough, I'm on the side of the consumer this time.

 

[Nuttzy]

hmm, does he have specific evidence that they refused to pay everyone else with the problem? or is he just annoyed they shot HIM down,

he is very likely to wind up paying more for legal fees, than a brand new 360 would run him =P

 

[SaiyanPrideXIX]

Very likely? This, at minimum, will cost him a couple thousand dollars if he wants to legitimately pursue it.

It's his own fault for buying a refurb....that's what you get when you buy busted launch consoles from ebay, pal!

 

[Zeonix]

I think at this point it's the principle of the matter, and I agree with him.

It didn't have anything to do with it being refurbished since the article states the patch affected both new and refurbished systems. Microsoft is at fault.

 

[KarrdeKNR]

I'd agree with this suit. This is basically MS saying "well, we fixed the update so this problem couldn't POSSIBLY exist after Nov. 1 and we're cheap." Just like my PS2 AC Adapter which has a busted part, but the recall only was valid in eurasia. Luckilly I was able to compensate with a fan, which keeps the PS2 from overheating.

 

[SaiyanPrideXIX]

I would normally agree but they made it clear that after November 1st it would be a free fix.

I own a new one and it didn't affect me, nor any other people I know. My one friend with a used one--with is probably a refurb series 1 box--had this same problem though.

If he cared that much about his xbox he would have manned up and paid. I myself always expect to pay for repairs--then again I'm from a different time when there was no such thing as warez and nothing was free.

Either way it's a waste of time for him to file the suit. Gonna cost him a fortune, and unless they really don't care about their xboxes I bet all those people have already sent in their machines and got them fixed.

 

[Zeonix]

If he cared that much about his xbox he would have manned up and paid. I myself always expect to pay for repairs--then again I'm from a different time when there was no such thing as warez and nothing was free.

I can understand if his Xbox went haywire because of abuse or it was old. The problem is Microsoft ****ed up his Xbox with their patch, after they had already said the problem was solved.

"Ray downloaded the fall update at the beginning of November, after Microsoft says it fixed the update."

This is what I'm focusing on. The patch should have been fixed already by that time, but it wasn't. It isn't his fault that he dled the patch after they were fixing the consoles for free. They should just pony up a new console or fix his.

 

[ZeroNightmare]

i called them.. they fixed mine for free..

although they didnt send me cords in the same package and I've been waiting on them for over 2 weeks now...

but yeah thats retarded. hes going to hella lose.

 

[Optimus Prime]

Where does it say that he purchased a refurbished 360?

 

[Zeonix]

It doesn't.

 

[Optimus Prime]

It doesn't.

Thought so, just making sure.

Microsoft gunna get raped.

 

[Zeonix]

Hopefully other "victims" will step up and and get in on some of that action. The guy might not be taken seriously if it's just him and some random dude he met on a forum.

 

[SaiyanPrideXIX]

That he didn't say when he got his machine is exactly my point. How do we know the dumbass didn't break it himself...try to mod it...put it next to a bug huge subwoofer and demagnetized the HDD...any number of things could be possible. If he doesn't have the error message confirming he has the problem they are fixing for free...why should they fix it?

 

[Optimus Prime]

That's for the courts to decide.

 

[Super Veggeto]

They promissed a free fix didnt they? =/

 

[SaiyanPrideXIX]

Yeah...for that problem. Basically the rule was, if you report to Microsoft the error message specific to that problem they will fix it for free. And as stated, the patch was fixed by November 1st. If I were them I wouldn't want to pay for his repairs either--because it looks pretty plainly to me that he more than likely broke it.