Microsoft sued over update issues

Posted Dec 8, 2006 at 7:45AM by QJ Staff Listed in: Xbox 360 Tags: Canada, Microsoft, Washington, D.C.
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360It was widely spread as an unconfirmed report that a poster on the official Xbox forums has filled a class-action lawsuit against Microsoft regarding the Fall Update for the Xbox 360 and its minor probability of bricking your console.

Apparently the poster was telling the truth and GameSpot was able to obtain a copy of the original complaint which was filed in a Washington district court. The suit basically accuses Microsoft of breach of contract, negligence, and violation of the Consumer Protection Act of the state of Washington.

The suit states that the consumers affected by the questionable update number in at least the thousands, and the suit also contends that Microsoft refuses repair or replace broken systems unless the users pay up to $140 to ship it back to the company.

The plaintiff demands that Microsoft pay at the least US$ 5 million in damages for breach of contract, and an additional US$ 5 million in damages for an unfair and deceptive act under the CPA. Should Microsoft argue that it had no agreement to breach with the affected users, then the plaintiff contends that Microsoft was negligent and should be made to pay yet another US$ 5 million in damages.

Here's Microsoft's response to the matter:

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.

Users affected by the initial Fall Update would have seen an error message and should call Xbox Support (1-800-4-MY-XBOX in the US and Canada). Microsoft is making every effort to resolve this issue for its customers as fast and easy as possible. It's also important to note that 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.



Via Gamespot

 
 
 

Comments [refresh]

by Chris - 2006-12-07 22:30
» ...

"Microsoft is making every effort to resolve this issue for its customers as fast and easy as possible. It's also important to note that 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"



LOL!!!!! Yeah sure, that why he is sueing. Bull*****! Release a fix

instead MS..

by Mike G. - 2006-12-08 00:19
» M$

"Microsoft is making every effort to resolve this issue for its customers as fast and easy as possible. It's also important to note that 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"



Yea right, M$ made me pay the dollars for shipping, they also said it was my fault, not the fall update because I couldn't remember the correct error code and I named off the wrong one. Yea M$, the same day you released this "update" I threw my Xbox down the stairs to try to get a new one. Come on. And it wasn't even that fast, it took them 2wks to send back my Xbox, it usually takes 1wk.

by Keef - 2006-12-08 00:37
» ahhh

ahhhh shut up *****ing, u shoulda rememberd the correct code.... how are they suppose to know if your lieing or not...

by Lurker - 2006-12-08 03:27
» Forgot your error code??

I smell BS.

by WC - 2006-12-08 03:39
» Correct code

And how hard is it to get the correct code? You just turn the bloody thing on and there it is. Tada!



(Yes, I read he threw it down the stairs. Anyone that stupid doesn't deserve to have a console in the first place.)

by Keef - 2006-12-08 03:48
» haha

hahahaha yeah, little baby had a paddy cos he expects everything to be perfect and last 4ever....



he is nothiing but a baby!

by Vecha - 2006-12-08 05:34
» so...

most of the people affected are modders?





then they don't deserve to get a new one....since the only homebrew is "back ups" of games.

by R kelly - 2006-12-08 06:47
» i piss on Vecha

modders are ok by me as longs as they dont cheat on live.. thats what pisses me off...

by MoCoLoCo - 2006-12-09 09:16
» No Error Code

After I did the update, my console kept freezing in the middle of my games. I received no error code. I called MS and they wanted me to send the machine in but I had the extended warranty from EB Games, so I just swapped my machine for free.

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