Plaintiff's Lawyer Talks 360 Class Action

Following a class action lawsuit filed against Microsoft regarding "bricked" Xbox 360s, Next-Gen spoke with one of the plaintiff's lawyers, who said M'soft's only defense could be, "We're Microsoft, and we can do anything we want."

In late November, lawyers for California resident Kevin Ray filed a class action lawsuit against Microsoft in a Washington state district court. The plaintiff claims that following the October 31 fall update download for Xbox 360, his system was "bricked," or rendered useless.

Numerous complaints of a similar nature appeared on blogs and message board threads, prompting Ray to file the lawsuit on behalf of not only himself, but also others who had experienced the same problem.

Microsoft is accused of breach of contract, violation of Washington's Consumer Protection Act and negligence. Law firms handling the case are Atlanta-based Chitwood Harley Harnes, Seattle-based Keller Rohrback and Los Angeles-based Kabateck Brown Kellner.

"According to the complaint, the plaintiff and class are asking for awards worth at least $5,000,000, although this amount could vary depending on how many people were affected by fall update issues. The complaint said thousands could have been affected by similar fall update problems.

Next-Gen spoke with Brian Kabateck, senior partner at Kabateck Brown Kellner, who admitted that his firm has "no idea" what the actual amount of damages sought after actually is, because it's unclear how many people this issue has affected (although Microsoft claimed shortly after the update that less than 1 percent of Xbox 360 users were affected). The firm pleaded the $5,000,000 amount as a procedural measure for the Federal Court in order to make sure the plaintiff and law firm had triggered appropriate jurisdiction.

Kabateck contested Microsoft's official claim that the company would pay all shipping, repair and/or replacement costs for affected consoles. "If that were true, that would go a long way to solving the problem," Kabateck said. "Unfortunately, all the reports we're getting is that Microsoft is saying 'Send your Xbox in and for 140 bucks we'll fix it.' In our opinion, they're turning their screw-up into a profit center."

Microsoft has yet to respond to the law firm.

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shikwan4356d ago

Even the US Dept. of Justice tried to take MS on. They lost.

So, um...yeah, MS bricked thousands and thousands of 360s. I wonder why I've only heard about 2 or 3 stories?

specialguest4356d ago

maybe because you're not on every forum/messageboard out there. also, not everyone gets online and post.

shikwan4356d ago

I don't even see threads for it on's forums. Which tells me that obviously hardly anyone has been effected unless they were trying to mod thier box.

BTW out of my 100 friends on XBL, none have complained or heard complaints from their freinds in regards to this issue.

So yeah...good luck with that!

dantesparda4356d ago

My friend's 360 was fvcked by it (the patch) and his system aint modded. He just sent it out yesterday (on Monday) and is now just basically waiting for it. He is not to happy about it

frostbite064356d ago

How the H*ll did you miss that 80 page thread. Its been up there since october.

+ Show (1) more replyLast reply 4356d ago
Ravenator5294356d ago

That M$ was fixing the boxes that had issues for free? Of course unless you put modded firmware onto your 360.

If they are fixing them for no charge, how can you try to sue them?

drewdrakes4356d ago

I thought the exact same thing, the lawyer is clearly retarded. Microsoft told them they would fix it free, and they don't think they will. Ive read more posts about Microsoft fixing them free then Microsoft bricking them.

PS360WII4356d ago (Edited 4356d ago )

because ms doesn't want people to think about it. Out of site out of mind as they say. Anyway they said after the update only 1% called in with the bricked consoles, but seeing as they have about 8million 360's out there 1% is still 80k... that's a whole lot more then 2 or 3 stories.
In the end everyones out for their hot coffee incendent and MS has a whole lot of money and become a very easy target. Most likely it'll be settled out of court.

shikwan4356d ago forums are very 'open-minded' in that the mods won't delete most anti-360/hate MS threads (if it's not spam).

And yea, it'll be settled in about 2 years and these idiots will have bought another console by then if they haven't already. And I'm sure MS would easily prove that they modded their box. But either way, the effort to sue MS on this issue is pointless and borderline stupid.

dantesparda4356d ago

you're an idiot and obviously a super 360 fanboy. They can get money for it, dumbass. And i told you that my friends 360 got bricked and his wasnt modded. Never was! now get off MS d!ck!

Funky Town_TX4356d ago

if this is true then "f" m$.

THWIP4356d ago

A mass-distributed software update WOULD not, COULD not only affect a small % of consoles. Simply put, if there's a bug in the software, it will affect ALL of the consoles, as they all share the same components. There is a VERY high likelyhood, that many of these machines were already having issues, or were defective...or they were modded in some way. This lawsuit will be very bad press for MS; perhaps it will force them to take a more proactive approach to solving such customer service issues, rather than the typical reactive approach. They've got enough wasted core systems in circulation, that they could EASILY recall them, and use them to replace defective units.

MicroGamer4356d ago (Edited 4356d ago )

Components have changed since the original release of the 360 and are about to change again when they introduce their new 65nm fab process. There is also a rumor that MS may be refurbishing units sent in for defective exchange and repackaging them as new. Someone on the forums has already complained of trying to register a console new out of the box and getting an error message saying the serial number had already been registered. A lot of people are also reporting buying 360's recently that have 2005 build dates on them. Now you don't seriously believe that in 13 months and 10 million units shipped, 8 million sold through to customers, that there are still 2005 dated units that remain unsold??? Not very likely.

dantesparda4356d ago

Oh wow! THWIP you are a idiot! MY FRIEND"S 360 GOT BRICKED! AND HIS WASNT MODDED! EVER! accept it people. Damn you fanboys are unbelievable. And amen MicroGamer, amen

shikwan4356d ago

You obviosly sleep with him enough to know queerboy.

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