Class action lawsuit could be building against Microsoft for 360 fall update woes

willl the scales be tipped?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.

Tags: 360, Class Action, ClassAction, Fall Update, FallUpdate, Lawsuit, Xbox 360, Xbox Live, Xbox360, XboxLive

Reader Comments (Page 1 of 2)

Joystiq Features





Featured Galleries

Heavy Rain (12/14)

Heavy Rain (12/14)

Mass Effect 2 (Sentinel Class)

Mass Effect 2 (Sentinel Class)

Splinter Cell: Conviction Collector's Edition

Splinter Cell: Conviction Collector's Edition

Prince of Persia: The Forgotten Sands

Prince of Persia: The Forgotten Sands

Halo Reach (VGA 2009)

Halo Reach (VGA 2009)

Borderlands: Mad Moxxi's Underdome Riot

Borderlands: Mad Moxxi's Underdome Riot

Yakuza 3 (PS3)

Yakuza 3 (PS3)

Pac-Man Championship Edition (iPhone)

Pac-Man Championship Edition (iPhone)

Blizzard Warcraft 5 & 15 Year Anniversary Images

Blizzard Warcraft 5 & 15 Year Anniversary Images

 


Team Joystiq

 
Chris Grant
Editor-in-Chief, Email
James Ransom-Wiley
Managing Editor, Email
Ludwig Kietzmann
Senior Editor, Email
Andrew Yoon
East Coast Editor, Email
Randy Nelson
West Coast Editor, Email
Justin McElroy
Reviews Editor, Email
Justin Glow
Developer, Email

Joystiq Podcast

New episodes every Friday! Now playing: Joystiq Podcast 120, for Friday, Dec., 11.



Archive | RSS | iTunes