Microsoft to be sued over XBox 360

[dvdguy4]

Thats why I'll wait til all of the glitches are found and fixed. If this was already posted Im sorry about the double post

http://today.reuters.com/news/newsArticleSearch.aspx?storyID=215335+05-Dec-2005+RTRS&srch=Xbox+360

[GullyFoyle]

About time. I'm so sick of their half finished flawed products.
One would think that all the expo failures would teach gates a lesson in quality control.

[compuser]

Wasn't there a power supply issue with the origional XBox, you'd think that they would have fixed that.

[ROF]

Classic Frivilous Lawsuit.

I wonder if someone has explained to this fellow what a consumer warranty is? I'd imagine the device is still under warranty.

[lordsmurf]

Classic Frivilous Lawsuit.

I wonder if someone has explained to this fellow what a consumer warranty is? I'd imagine the device is still under warranty.

I'd probably agree.

But....

There can be mitigating circumstances, correct? If it's a dangerous flaw or something they knew about in advance that would likely render the product useless (meaning they needed to ramp up QC, not merely let the consumer find out on their own).

[shelbyGT]

I've read more than one story discussing how the number of reported bad units is not outside of the realm of what is expected on any launch.

[painkiller]

To answer COMPUSER's question -

Yes, there was a recall notice from Microsoft to most XBOX owners. The issue was - according to them - a faulty electrical cord which needed to be replaced else a potential for overheat and fire existed.

According to others, it wasn't so much a problem with the cord, but bad solder joints on the power regulator interface (where the cord mates to its receptacle on the XBOX).

This could explain why, in the 360 design, there is now an external "brick" for the cord to plug into.

[Faustus]

Hrm... I dunno there seems to be alot of issues with teh 360 at the moment. If MS knew of them when it released then personally they are at fault.

I'm not surprised there is a lawsuit at all, I'm just surprised it was this quick.

[adam]

Well, I'm suprised there is a lawsuit. What are their damages apart from having an unplayable unit at the very worst? Your remedy for that is to just return the product and get your money back.

Unless the product is dangerous in some way, or they refuse to either give you conforming goods or return your money, than you have no damages and cannot sue.

If he is suing for breach of warranty and he never gave MS a chance to repair/replace his unit than his lawsuit will be thrown out as a matter of law.

[ROF]

If it is thrown out this guy should have to pay all court costs and Microsoft should be able to countersue for their damages. I think $1.5-$5 Million should make others reconsider wasting the courts time. There is no way he could have given Microsoft a chance to remedy this.

[canadateck]

I guess he Could return the Console? But what about the games he bought for OR with the Console? They dont take those back.

[ROF]

I'd imagine the games you could sell for a profit depending on which you have. This is a new system and quantities are limited. Around this time of the year there are desperate people paying unworldly amounts of money for toys and games.

[canadateck]

The point is, he now has Games That he cant Play.And cant return them. I would be pissed..Sue?Maybe not.

[pdemondo]

Consider the victim may be a big $$ professional and the added time to deal with a bad XBOX could be lost millions since time was taken away from work.

Well if the RIAA can sue a person for thousands/millions for downloading songs that are worth dollars, why can't the consumer use the same logic when they sue?




What about the RIAA having to pay several million $$ to each person they target in a lawsuit if the RIAA loses/mistakenly sues??

[/b]

[adam]

Lost wages are never compensable unless they are actual damages. So if you get hit by a car and literally cannot work then you can recover lost wages. If you have to take time off of work to deal with returning the X-box, with preparing and attending the lawsuit, etc... then you can never recover lost wages for that. It doesn't matter who you are or how much money you make.

The purchase of games is a good point. His legal remedy is to sell them on the open market and sue for the difference between what he gets and what he paid, assuming he loses any money. In any case, there is no need for a class action suit for a non-hazardous defect in a gaming console. Try to get it fixed through your warranty and if no go then return it for a refund, then sell any games you purchased. I bet that's exactly what the judge says to him too.

[ROF]

Contacting the Better Business Bureau might also be an option? Too bad state, local, and federal municipalities can't countersue for those who create frivilous lawsuits and waste their time. I hope Micro$oft countersues for damages and makes more money of this moron.

[smearbrick1]

TAKE IT BACK!!! Stop complaining and take it back. If you buy a pair of jeans that have 4 pockets instead of 5 (5 pocket designed jeans), you wouldn't sue LEVIS! You would take the jeans back to the store and get a new pair.

I believe, in comparison to the number of units sold, the amount of problems that have been discovered is marginal, at best.

[RottenFoxBreath]

uk news sources indicate its as high as 30%,couple that with supposed store owners selling on ebay,the 40000 or so that have been sold on ebay,complaints about some branches of stores overbooking,lacklustre releases(same shit,different console,but £10-£15 more expensive).
all in all a decent release for microsoft,why break the habit of a lifetime.
* as for the power supply problem,i got mine replaced,and got a second letter-one that indicated that all xbox's were at risk,and now have a second one for my kids console,a reasonably new one(bought this year),and a friend who bought one a week ago for his kids xmas,has the new power supply in box.

[GullyFoyle]

Why would anyone attack someones right to sue?
Obviously the victim feels damaged. Damaged and endangered by a large corporation. A corporation that has billions of dollars in profit. A corporation that should not have released a defective product. A corporation that can afford quality control.
Of course most of those here who are critics of the lawsuit are those same ones who defend big business right to trample consumers.
Ah the dual stench of hypocrisy and payola fills the air.

[TwistedLincoln]

Of course, everyone seems to be forgetting that he can't just take it back if his intention is to get a working unit. No retail location is likely to have a replacement handy this time of year. Not to mention the fac that he might not have an outlet to sell his games locally for what he paid-- not everyone has experience/tools to use ebay or other online selling tools.

Personally, I think he shouldn't sue so quickly. However, had he contacted Microsoft and been told that he needed to exchange it where he purchased it (rather than them exchanging it directly), then I could possibly understand. And even if they offered to exchange it, they would likely make him pay return shipping, so he'd have an unnecessary additional expense there as well.

Honestly, though, if they guy does know how to use ebay, he's better off selling the unit there... he'll probably double his money, even if the unit has problems.

[bacardi/avt]

@GullyFoyle: Don't you think that your country has the strangest way of sorting things out by using lawsuits? Think of what all these costs add on top of the price the consumer has to pay. Or just all those silly stickers on motorbikes warning you that the product is dangerous, can't people understand that themselves?

Ok, I can agree that a person should have a right to sue, but when it gets to the extremes you have in the US then it's just stupid.

The only ones that like that situation are the lawyers (maybe you are one?)

[ROF]

Of course, everyone seems to be forgetting that he can't just take it back if his intention is to get a working unit. No retail location is likely to have a replacement handy this time of year.

OH! That's just so sad, perhaps I should sue all my local retailers for not having one today because I want to purchase one. Perhaps I could sue Walmart for not having a Blu Ray Disc Player? They are available in other parts of the world yet my local Walmart doesn't have them. Perhaps I should sue for grapes I threw out last night. I bought a pound and I thre out at least 6 that were brown.

Nobody is forgetting that the guy can't just return it, but he's one step ahead of those who left the store after him without an Xbox360.

[GullyFoyle]

@GullyFoyle: Don't you think that your country has the strangest way of sorting things out by using lawsuits? Think of what all these costs add on top of the price the consumer has to pay. Or just all those silly stickers on motorbikes warning you that the product is dangerous, can't people understand that themselves?

Ok, I can agree that a person should have a right to sue, but when it gets to the extremes you have in the US then it's just stupid.

The only ones that like that situation are the lawyers (maybe you are one?)

The fact seems to be that nuisance suits are the rareity not the norm.
The main problem is politicians on the right use the term tort reform as a means of protecting big business from punishment awards. Juries tend to have sympathy for a child killed by a faulty product that the company could have repaired inexpensively. But instead they chose to release defective and deadly. So the jury punishes the negligent business.
Filing suits like this prove the system does work. That Joe and Jane average do have recourse to a legal system that does not favor them.
It baffles me why people frown on legal activity against big business. If the same problem and recourse were chosen by those naysayers I'm sure they would not claim anything was frivolous.
It's all perspective.

[ROF]

The fact seems to be that nuisance suits are the rareity not the norm.
The main problem is politicians on the right use the term tort reform as a means of protecting big business from punishment awards. Juries tend to have sympathy for a child killed by a faulty product that the company could have repaired inexpensively. But instead they chose to release defective and deadly. So the jury punishes the negligent business.
Filing suits like this prove the system does work. That Joe and Jane average do have recourse to a legal system that does not favor them.
It baffles me why people frown on legal activity against big business. If the same problem and recourse were chosen by those naysayers I'm sure they would not claim anything was frivolous.
It's all perspective.

Did anyone die? I thought the Xbox360 system shuts down before any further damage such as death or fire occurs. I'd say Microsoft included a safety mechanism which prevents the system from continually heating until it either explodes or catches on fire. It's a frivilous lawsuit because the only damaged suffered is a guy who has to wait a few weeks to RMA his defective merchandise. If I could sue for every RMA form I've filled out I'd never have to work again and I'd probably have more money then quite a few countries have.

[handyguy]

Why take it back? What store has another one for him?

[ROF]

He's probably better off RMAing it Microsoft and either having them repair it or ship a new one.

[adam]

Why take it back? What store has another one for him?

You don't take it back, you take advantage of your warranty. (you always have a warranty whether an express one is given or not.) You put the ball in the manufacturer's court. Either they fix it or give you a replacement or they are legally required to refund your money. That's the way these things are supposed to be worked out, there's no reason to involve the court system because a certain percentage of the product line fails.

If you are suing for breach of warranty, which is what you would sue for if alleging a non-hazardous defect, then you have to at least give the manufacturer a chance to tender conforming goods. The suit is not frivolous, its just not ripe (I'm guessing.) Unless you've given the manufacturer at least 2 chances to repair/fix the nonconforming good then you cannot sue, courts just won't accept the suit. They will dismiss on the grounds that you have not exhausted all lawful remedies and will say come back when you have, because that's exactly what the warranty is there for, to ensure that you get what you bargained for. My guess is that this guy is not represented by a lawyer, he just got pissed and filled out the necessary paperwork. That's how most of these ridiculous lawsuits make the headlines, but the media doesn't bother to update you when the suit gets thrown out of court. That's why people complain that, only in America, can you sue McDonalds for making you fat, even though that suit obviously went nowhere. The US is definitely litigious but not nearly as much as the media makes it out to be.

I seriously doubt this suit will pass certification meaning it will not proceed as a class action suit, just a personal suit on his behalf. If its not dismissed than I don't see how the guy could get anything other than restitution for the amount he paid for the console, which is exactly what he would have gotten if he had just availed himself of his warranty.

[mbellot]

Well if the RIAA can sue a person for thousands/millions for downloading songs that are worth dollars, why can't the consumer use the same logic when they sue? [/b]

I'll go you one better.

I was supposed to be purchasing the winning ticket for this weeks PowerBall ($10 trillion dollar lump sum payout), but I was stuck on hold waiting for an RMA.

Guess I'll sue them for that as well.


Micro$haft should be required to fix this guy's console (and anyone else's) at no cost, but I don't think the warranty includes anything about being inconvenienced.

With M$'s track record I'm still amazed that anyone buys something from them within six months of its initial release, hardware or software.

[ROF]

With M$'s track record I'm still amazed that anyone buys something from them within six months of its initial release, hardware or software.

The fact that people are still buying gaming consoles amazes me.

[lenti_75]

Why take it back? What store has another one for him?

You don't take it back, you take advantage of your warranty. (you always have a warranty whether an express one is given or not.)

SURE...my brother been waiting for 3 weeks for SONY to fix his monitor...still waiting.

THAT SUCKS... sure looks like you never had to deal with this bullshit called warranty.