Microsoft is being sued once again, this time by a US woman who claims the company concealed the high failure rate of the Xbox 360 console.
microsaft deserve to be sue FACT
They don't deserve to be sued they deserve more flops. They dropped the price of 360 to rock bottom prices cheaper than wii and still getting outsold hahaha that in itself is a flop. Microsoft seems to think games for casuals means just make flops. Banjo kazooie, in the movies, lips flop flop flop. If they deserve to be sued for anything its making flops at least we get 3yr warranty for owning a 360 but when i bought mine i didn't know it would be raining flops...luckily i also have a PS3 and perhaps gears of war to save me from the flops:)
...I wanna Marry Her!!! ;-D
No cause not many kiddie games gets GOTY
Good luck honey, sell your house, spend your life savings in legal fees, and put your family in debt while your case gets tied up in courts for years. In the end, you will get nothing for it.
xbox360 $ 199.99 ps2 $ 129.99 ....it just shows what kind of aftermarket parts microshaft puts in there system . Not only that , its the arcade system . who the F wants that . All they want to do is fool the parents thinking its cheap and [email protected] them later on accessories.
The way the lawsuit is structured it may very well become a class action suit. Especially based on the consumer laws estblished in the state of California. I doubt Microsoft will have to hand over profits, because in reality there are none. So IF this does come to fruition MS will more than likely be required to refund some percentage of the original purchase price or a fixed nominal fee to each consumer who bought one. The only thing is that even if it a small fixed fee, say $25 per unit for inconveniences and damages. The fact that 21 million units are out in the wild would mean roughly $500 million in damages overall. I am not in favor for either to win but her case does have legs to stand on.
I don't know if it does have legs...as long as M$ is willing to "fix" the problem (ie. the 3 year warranty), I don't know if there is much that can be done about it. Then again...you never know how these lawsuits will go.
The willingness to fix the problem would generally be enough to dismiss the case. The fact that MS may have known about the defects prior to release and released a faulty unit anyway is quite the other. A willingness to fix a known bad product vs. a willingness to fix an unforseen problem are two totally different things. We will just have to wait and see how things go.
I completely agree with you, but I think it will be tough to prove "knowingly".
i want those sexy legs. Microsoft has already passed the 1 billion mark they set aside to 1.14 billion in repairs. The only thing to do is to prove that microsoft knew of the defect rate. If it can be proved then there's no salvation for Microsoft they will have to be in absolution.
it is not possible that a console have so high defect rate and the company didnt know, i also know that MS wanted to make profit and comes in market very fast at all cost, even at the cost of the hardware reliability. if MS didnt know then i am with them but am sure they knew, a product goes through many test cycles and over heating should have came up, also 3 years warranty is not enough due to the fact that more console will be dying after the 3 years warranty except those who bought the 360 in 2008 and 2009 those will have a better luck
the latest is this will go nation wide i know im in it im on my 6th one and im hopeing that it doesnt break when im playing gears2 because it was rumored that epic testers has had 8 red rings of death testing through the game . so cross your fingers and hope it not going to do it . and fan boys step off i own all consoles and the only one im haveing problems with is my 360 rrofdeath its called a lemon law so people are allowed to sue if it happens to many times its understanding if they toke care of warrantys and has fixed the problem but the problem still exsist with the new model people cant keep on returning something every 6 to 12 months its just wrong
I seriously doubt this will go anyplace. Like dark and mr bun said MS as tried to fix the problem and that alone will will probably protect them. As for MS knowing about it before hand well there is no proof they did so all you have is their word vs some random persons word. You alway have to remember that MS as any army of the best lawyers money can buy. Also might want to remember that MS lawyers defeated the us gov
if he is guilty he is guilty and proof is in other lawsuits placed against ms which he has lost and had too pay up http://news.bbc.co.uk/1/hi/... http://www.out-law.com/page... http://www.computerweekly.c... http://www.foxnews.com/stor... http://www.theinquirer.net/...
Ps3 fans sholdn't brag about this.Sony had a class action law suit against them for the ps2,another for labtop computers when the batteries was exploding in their face.They had a law suit against them for using rumble without permission from the company that created it. The point i'm trying to make is that almost every big company is sued.The fact is that they have a lot of people in this world that's lazy and want to get money for doing nothing and will do anything to do it.Just look at this person who's sueing now.Microsoft gave everyone a 3 year warrinty and that's the biggest warrinty that any electronic product got for free.Still this women is sueing microsoft for releaseing the 360 early with a defect in it.The fact is not only did she get a free 3 year warrinty on the 360 but it never did hurt her in any way.This is one of the biggest problems in the world to day and something need to be done about it.It's people like her that's causing honest Americans (like most 360 and ps3 fans)to pay higher insurance rates.They need to pass a law where free loading and sue happy people like her just can't sue for anything they want.The problem in the U.S to day is how easy it is for people like her to sue.The U.S need to fix a lot of laws they have on the books because it's to easy for people like her to sue for something that she shouldn't be able to sue for.
Xbox chronicler Dean Takahashi has written a piece for online blog VentureBeat detailing the Xbox 360's red rings of death saga. As he explains it, the system's high failure rate boils down to numerous factors, including the console design, poor testing in its early stages, memory issues, bad soldering, and more. Before launch, 68 out of 100 systems were coming off the assembly line non-functional, and the continual post-release additions to the system didn't help things after launch. Microsoft even stopped production cold in the first half of 2007 in an attempt to deal with the problems. Meanwhile, Robert Deleware, a Microsoft games tester who Takahashi spoke to on the record for the article, was recently fired by the company for what it deemed a breach of his confidentiality agreement. This lawsuit might have some legs, and they're built for running.
@ Kratos Spartan Here is that article you're talking about: http://venturebeat.com/2008... It is very eye-opening to see just how dirty Microsoft can be and just how little they actually care about their customers.
Imagine if they were an auto manufacturer how long this suit's legs would be, even if it weren't a safety related defect, but was a known issue prior to release of the model. A demonstrated willingness to fix the problem would mean nothing. Microsoft should only suffer if it can be proven this issue was known of and ignored by the company prior to the release of the 360. Wanting to get a jump on the competition is not a valid reason to defraud consumers. Having said that, be it known that I am against frivolous lawsuits 100%. Regardless of who's actually writing the check, the consumer is ultimately the one who pays through higher costs of goods and services, insurance, etc.
here is a small list of ms fileing lawsuits http://seattlepi.nwsource.c... http://news.justia.com/case... http://techrepublic.com.com... http://en.blog.legitiname.c... http://www.theinternetpatro... so to all the fanboys saying people just want to get cash no they want justice for this company that is takeing are money and dont really care about how we deal with the product like sending it in to get repaired thats not what a consumer should have to do with the hard earned cash that we make if you dont care about that then maybe you didnt pay for your 360 maybe your parents or girlfriend or you gat it as agift from someone else or won it thats the only way i can see someone not agreeing with this lawsuit
Employees of MS have come clean in public about how Microsoft went ahead with the release despite failures during internal production testing showed massive failure rates. Seems some of us have a short memory. However, Microsoft will simply buy and intimidate their way out of this lawsuit as well.
Gaming is a hobby and there are people willing to put a lot of money into a hobby. What about the people who decided to send their units in for repair, the ones who traded them in for new ones under a 3rd party warranty or the people who just bought a new system? Popular belief is that when a console broke MS repaired it with little or no hassle. There where people that fought tooth and nail before the warranty extensions only to end up buying a second system, abusing 3rd party warranty programs or sending them back for a paid service repair. Look at the numbers no one got off without some form of hardship. What good is a $300-$500 system if we can't use it? I wouldn't invest in a car that has a lifetime warranty with a faulty engine that breaks down every 500 miles would you? Especially, one that requires a complete overhaul that could take several weeks each time. I don't think people realize if we pay for something that breaks to much no matter how cheap it is or how good the warranty, someone is losing time, money and resources getting it fixed. Imagine getting payed minimum wage for every hour spent waiting, disputing, replacing or repairing those defective consoles under a warranty. If we could clock in the moment the unit broke and earn minimum wage till the time it was back at home fixed it'd amount to a small fortune. It comes down to poor quality products costing everyone time, money and resources. If a product went out the door defective despite the manufacture knowing it everyone who purchased said product should be entitled to damages. Lets get something straight, just because we can get a product repaired under warranty doesn't mean it's not costing us money. Unfortunately, to my knowledge lemon laws only apply to cars. "Time is Money"
Good luck taking on M$
Yep, She's gonna need a hell of a lawyer.
I agree. I would say get Johnny Cochran but he passed away. May his soul R.I.P.
M$ lost may lawsuits in EUrope. latest one was the "Vista Capable" laptops that cannot run vista. they had to pay millions
good luck with that.
This console should of been RECALLED. Its was released as a lemon. Any product with a 33%+ failure rate, warranty or not is a dud and should of been recalled and released again when the problem was solved. What I dont get is the claim the 360 owners are "hardcore" gamers. I can tell you one thing... I am a hardcore gamer and my gaming machine failing and being gone for 3 weeks is completely unacceptable. I used to game on the PC every night and if my computer broke I would be out buying the part I needed the same day it broke. I understand things break, but someone telling me that my console would break at anytime would sway me from my purchase. This is why MS never revealed it until there were 5mil consoles already out there. But this is the MS way of business, release your product buggy and broken and patch the woulds until all you can see is bandages. Dont forget N4G users, MS has more products than the xbox. Windows Vista is their latest example of how it works.
I know, it should have been recalled. That's why I will never buy one. The system may have some good games but I'm not risking it. I feel sorry for the people who keep blindly buying/justifying this system. It's ridiculous. If enough people sue, this will hurt Microsoft severely.
Was one of the reasons I never upgraded to one. I don't remember ever seeing a dead Xbox out of all my friends, but I've seen countless RROD 360s over the past few years. Xbox 360 is already $199 mainly 'cause Microsoft is having trouble fighting the 360's reputation for breaking down constantly.
Out of everyone I know that owns a 360, none of them have the same unit they bought. Some are on 2nd or 3rd. I am not bashing or spinning... just truthing.
Fanboyz are not hardcore gammers...period...they defend what they like, just like blind sheep. We have always purchased all the consoles going back to SNES days on launch days. I rather put the bucks into hardware than software, since I hate seeing a ton of dust collecting games. The 360 hands down was the biggest POS gamming hardware ever released. I am on my 3rd 360 and yet both of my launch PS2 models are still running fine, so is my SNES, N64, Intellivision MS openly lied about the failure rates being within industry standards (remember that line). Those that continue to defend it have obvious agendas, so dont pay them any mind.
Why are people buying them still? There can't be anyone on the net who isn't aware of the scale of RROD. It is the first and foremost reason I haven't purchased one. Edit: @divided Intellivision was my first console!!!
Bun, I have no idea. When I buy I tout that I am informed consumer... This stops me from buying a 360 or Vista. I have consoles from the past still kicking too: Atari, Oddessy 2000 (or w/e), NES, SNES, Genesis, 3DO, Neo Geo, PSX... All have had many hours of all nighters and I STILL can plug them in and stroll down memory lane.
The problem isn't so much that they released a lemon, the problem was how they went about concealing it, and how that contravened consumer protection laws. I remember back a couple of years ago an insider at EA reported that 50% of their launch 360's had failed, and he was quickly hushed up by both EA and Microsoft and the problem was swept under the rug. You know MS has been busy behind the scenes, keeping these type of reports quiet while denying a problem existed for years, as well they should have. Had it been confirmed that 30-50% of their consoles were doomed to fail, no one would have bought them. By covering up the problem and hiding the facts they ensured that once the public did find out it'd be too late, or the facts would be too muddied or confused to effect the general, console buying public.
got to love the sony fanboys you would think and sony is paying them billions for PR. MS makes a mistake and release a console with a defect and they are all up in arms wanting recalls and what all. Sony release a defective ps2 to make their release date and that ok who cares. Sony didnt even try to fix the problem or help their customers there only reply was buy another ps2. Dont you wish you could do things that dirty and get an army of fanboys to cover it up for you. The same people that you screwed over no less LOL BTW it was proven in a count of law that sony knew the ps2 was defective when they release it.
a product that poses little threat as a safety hazzard wouldn't get recalled...they just give a public service bulletin (at least that is what other industries calls something like this) making customers aware of the issue, and extend warranties and things like that to keep everyone happy... but yeah...the 360 is ridiculous in this case...the single most ghetto piece of electronic equipment to ever be mass produced...as in, it breaks more than any other major product in the history of the industry...there have been other products that had higher failure rates, but where immediately pushed out of the market because of it...somehow...the 360 lives...but doesn't change the fact that its still (and it really still is) a steaming pile in terms of build quality... fire back with PS2 comments all you want...the stats on the subject show that the 360 is FAR worse...I know some of you will be like "well I have a launch 360 and no problems, and broke 2 ps2's"...irrelevant...you are an outlier in this...chances are that if you own a 360, it will break prematurely...
"Dont you wish you could do things that dirty and get an army of fanboys to cover it up for you. The same people that you screwed over no less LOL" Wow... Irony, thy name is Megatron08
Gotta love people like him. We're talking about the 360 and he goes off about the PS2. 'B-But Sony released a faulty product TOO!!11' Tell me friend, did the PS2 ever have a widespread failure rate? Sony may have messed up with the PS2's with that court case but that is NOTHING compared to the RROD and other issues 360's might have. The PS2 may have had it's issues but it still went on to being the first console of which sold over 100 million. Ridiculous.
@ Megatron08. First off, you aren't talking to Sony fanboys here. You're talking to people like myself who are on their 4th 360 console and would have never bought the thing if they knew the hassle it would cause them, warranty or no warranty. MS hid the facts. The PS2 had some problems, not nearly as wide spread and that was almost a decade ago now. It went to court. Sony lost and paid out. End of storey. And they obviously learned from their mistakes because the PS3 hardware is rock solid. You pointing the finger at Sony for a problem from 8 years ago doesn't do anything to negate the fact that MS's coverup of the problem is nothing short of duping ever single 360 owner and that is against the law. Putting out a lemon isn't the issue. Using your influence and money to cover it up is. It's deceitful. There's no way I would have bought a 360 had I known prior to launch. You would hear rumors, but that goes hand in hand with internet buzz. MS strong-arming retailers and developers to shut the hell up is another thing entirely.
...that I love dearly. But just a few weeks ago, I was actually considering buying a 360 for $199 just for the hell of it, because like it or not, they do have their own share of decent exclusive games. I then thought to myself, " Do I want to go through the rigmarole of purchasing one and having to send it out for repairs 3-4 times?" I think not! I work 40+ hours a week, and I do not have the time to waste dealing with a faulty system. I know some do not fail, but the risk is too high with dealing with this piece of hardware. I mean for christ sake, my Sega Genesis and PS1 still works without a hitch and those consoles are ancient by videogame standards.. Its a shame that some 360's barely even survived year 2 of operation. Microsoft definitely dropped the ball when it comes to this issue and its a damn shame that theres a significant number of people that has to deal with it.
'a product that poses little threat as a safety hazzard wouldn't get recalled' Maybe in the electronics industry. I work in the automotive industry, and I can tell you there are plenty of recalls that aren't safety related. They call them product enhancements or voluntary recalls, as oppossed to mandatory recalls. Microsoft could have easily issued a voluntary recall, which would probably have been a better PR move.
^^ actually the automotive industry was the example I was using for 'service bulletins'... I am a mechanical engineer, but do not work in the auto industry (not yet hopefully)...but had plenty of quality control classes related to mechanical design, of which is where recalls and optional recalls were addressed... in the US by law, in the auto industry, a full mandatory recall is only required when there is a safety concern involved...you can have 'recalls' on optional stuff (like the HVAC dash lights sometimes don't work or something)...if the car is under warranty, by law, the owner has to be made aware of this stuff and be allowed to have it repaired for free...or opt not to...or else a suit can easily hold in court... now if a fuel pump leaks or something...no question...it has to be a mandatory recall in which the owner, by law, must return the vehicle and have it repaired...of course its free, but there is no option on whether to have it done or not...the Audi S4 was an example I was given in one of those classes...as the initial US release of car came equipped with fuel lines that could easily deteriorate...and the car could literally burst into flames...most were recalled before even being sold, but thousands of owners had to return the cars for repair... the 360 falls into the former category if electronics are handled the same way...jokes about a 360 burning houses down are around, but its never been proven that RROD issues cause any safety threat to owners...the 'recall' that MS put in place was simply class action suit avoidance, in which they extended the warranty to those who need it...but do not require owners to return it...and by putting fine print into the warranty terms and agreement; its very likely that issues of lawsuits are avoided from the get go...because technically, any new 360 owner has the writing in front of them saying that the thing is covered for 3 years of purchase due to reliability issues...
what's the update on the california class action suit that was gearing up?
you reap what you sew
I think you mean "sow"... as in "As you sow so shall you reap" ;-)
I wonder if she has inside information and evidence. Otherwise, why is she getting the lawsuit? This should be a class action suit with everyone who was affected by the RROD.
I don't know how these pecuniary systems work, but isn't MS in sort of a middle-position with this problem? I mean making profit but than again spending huge amounts on repairs? In any case, 360's hardware failure was the vital point for my current-gen console purchase and is the reason why I went with PS3 and not 360, despite its high cost last year.
the xbox division of MS is in the black...meaning that division of the company is making a profit...late 2007 was the first time the Xbox division was ever in the black since its inception early in this decade...and halo 3 was accountable for a ton of that... they also 'make a profit' off of every 360 sold (at least did before the price drop, not sure now)...but the $1.2 billion in warranty related matters was most likely recovered almost entirely on software sales and software royalties...not hardware sales...in the business sense, it doesn't really matter where that is coming from...shareholders care about the bottom line, its the execs problem to worry about where the profit is coming from...but the industry standard was usually, lose on the hardware, profit on the software... where it gets intresting is how this 1.3 billion was accounted for...it wasn't exactly clear to anyone outside of MS...MS never publically announced where and why there was an expense to that level...but viewing their financial documents and reading about the increased warranty...people figured it out... and it gets even stranger when people look closely at unit sales projected by MS, and retailers...and NPD numbers...MS is notorious for over forcasting sales...some tack it up to be their 'shipped' numbers to retailers (as that is what most companies do anyway)...but there was also strong evidence of retail flooding, where major retailers confirmed that MS forced retailers to buy more 360s than what was needed when the Vista push started (as in Best Buy was forced to purchase extra 360 units in order to have exclusive Vista kiosks when that OS first released)...not only that, but reliable sales tracking companies constantly come under what MS says...MS told the world they reached 10 million units 'sold' before they were anywhere near that...and either way, it came back to bite them...either A) they did hit 10 million when they said (early 2007), and it was simply the PS3 outpaced the 360 by a huge margin in first year sales (as in the 360 is only now approaching 21'ish million worldwide, where as the PS3 is all over 16 million...cutting the 360's lead by over half since it released... or more realistically, the 360 was closer to 7 million in early 2007, and has been holding a near neck and neck race with the PS3 since it launched...and is simply still ahead because of that 7 million it sold before the PS3's release... and now the big thing...many insiders are suggesting that RROD refurbished boxes are accounted as other 'sold' units...which is reflected by software sales that don't match its installed base...the 360 does great software sales wise...but if there are really triple the 360's in the US, it should be absolutely trashing the PS3 on every multiplat game release...EA, Activision, and Ubisoft sales date for multiplat games does not reflect that in the slightest...the 360 still easily wins, but not nearly as much as it should if it has as many more units out there that they claim they do...
Unfortunately, this woman probably won't win. Unfortunately, the gaming press won't do its job and call Microsoft out on the CONTINUED hardware failures (and I'm not just talking about RRoD). It's really quite pathetic how so many so-called "gamers" have willingly accepted Microsoft's shoody business practices. "OH! BUT THE 360 HAS SUCH GREAT GAMES!!!" Give me a break.
there is absolutely no way any other company could get away with this like MS has...the 360 has been babied by the media since day 1...it released, and most owners didn't understand what it could do any better than the original Xbox...CoD 2 was the only great game at release, but it certainly didn't blow away the best games the Xbox had at the time (NG for example, looked every bit as good tech wise as any early 360 titles)...yet the media never criticized it... the Ps3 on the other hand was overly scrutinized since release...a lot of that was no one elses fault but Sony though...they shot their mouths off about it like no other...pushing the full HD marketing scam 100%...and it definitely came back to haunt them... the 360 has a great lineup...and a great online infrastructure, assuming you don't mind the price...but its a crap box...no question about it...it was rushed to the market...has extremely poor quality internals...is loud...and has wierd restrictions on USB profiles, while only being compatible with overpriced proprietary peripherals (the wifi adapter, the insane rip off HDD prices, etc.)... absolutely no question in my mind that hardware to hardware, the PS3 beats the 360 in every single way...period...now debate about games all you want...and that does have a lot to do with how good or bad a console is...and debate about which has a better online service...but when you are talking strictly hardware quality and the amount of 'choice' a user has with the system...the 360 is a pile...the 360's power, as in how well it plays games, is excellent...the GPU is fantastic, and the CPU is more than acceptable at this time...it can go toe to toe with the ps3 currently without too much trouble...so i am not saying the 360 sucks at gaming... imo though the first game that really will test the 360's loyal fanbase, especially in the US...will be killzone 2...just got into the beta last night...have been excited about the game anyway, so maybe I am off...but reading through the first impressions thread in the beta forum has countless 'i only play shooters on the 360' people that were fully convinced that GG and SCE are on the brink of delivering the single best first person shooter to ever hit a console...and its easily the most impressive looking game to grace a console to date...any 360 fan that discredits the PS3 as a hardcore gaming device will get a very large wake up call in February next year...that is certain...
there was a big problem, microsoft already has covered it through warranty. Why do they need to tell us how big the problem really was? I mean this is a video game console, not something important. Alot of products are made cheaply and fall apart, just don't buy them. Get a ps3 instead.
The problem is not the warranty. The problem is that the system should work without having to depend on warranty. I'm not implying that all electronics are fail-proof but what Microsoft has done is just incomprehensible. kenvb: But there are people out there who would still buy a 360 without knowing the risks. There are also people out there who stupidly, and I mean STUPIDLY continue to support this company when their system has broken down seven to eight times. I've heard of someone going through sixteen 360's. What...the...f*ck. I don't care how many games it has. If someone like that, whether it be a Wii, PS3 or a 360 breaks on me more than three times, I WOULD NOT REPLACE IT, PERIOD. It'll be going on EBay or in the trash.
But the problem is the intial warranties are up, and they have a problem of replacing systems w/ problems w/ systems w/ problems. It`s a recipe for Consumer Hatred. edit: and what slim daddy said.
MS warrantees the RROD but not the disc drive issues, the freezing game play and the many other issues that are right along with the RROD. I know I may sound harsh but I have gone through 5 of them since launch and out of 5, only two were down for RROD. The others were for drive issues so it would only seem fair for MS to warranty the drive issues as well.
your giving them a free postition to do it again witht he way you acceopt it like that. I love the system but how anyone can stand by microsoft and justify why they buying shoddy equipment over and over and keep a straight face is beyond me.
There still is a big problem. The RRoD isn't the only hardware issue with the 360, yet it's the only one covered by warranty. I invite you to read this in-depth article about how Microsoft rushed the 360 to market fully knowledgeable about the hardware issues: http://venturebeat.com/2008...
the 360 hardware sucks, most people know this before they buy one. Those that didn't know, either didn't do any research or bought one at launch. Buy a ps3, or wii or whatever. Hurt microsoft with your wallets, not silly lawsuits. I imagine if the 360 worked the way people would expect it would have sold twice as many units by now.
You couldn`t be more correct.
@ kevnb, This is a big deal. Even though the 360 is just a video game console, it is a consumer electronic and I don't care what anybody says, the Xbox 360 failure rate was just ridiculous. Whenever a company has a highly defective product, they have a Recall and pull products from shelves until the problem is FULLY resolved but Microsoft didn't do that, they just extended the warranty and kept on selling defective 360's. I know that every consumer electronic device isn't perfect, however Microsoft released the 360 when they already knew of the 360's hardware issues. Microsoft was in such a rush to beat Sony to the market that they totally forgot all about Quality control and testing...damn, they must have really been scared to take on Sony head-to-head by releasing their console at the same time as Sony, and now even with a year head start, the Playstation 3 is hot on the Xbox 360's heels. And yes, I do agree with you that if the 360 was more reliable that it would have sold more than it already has.
i guess alot of people don't agree with my thoughts of not settling things in court... I am a Canadian, and I think differently about these things I guess. I don't know anybody that would sue somebody else just because they made a poor luxury type product, it seems crazy to me.
It seem crazy to think people is going to be satisfied playing tons of money for something that broke on them when it's not their fault.
being unsatisfied and suing somebody is two different things. I don't see how microsoft did anything legally wrong, but whatever join in and sue them. Pedigree them while you are at it.
"It comes down to poor quality products costing everyone time, money and resources. If a product went out the door defective despite the manufacture knowing it everyone who purchased said product should be entitled to damages. Lets get something straight, just because we can get a product repaired under warranty doesn't mean it's not costing us money" Lemon laws for cars offer consumer protection for vehicles they need repaired excessively. It's not the fact that the dealership fails to fix the problems all the time it's the inconvenience of a defective vehicle.
They'll slide her a couple grand under the table and I'm sure her problems with MS will soon disappear, along with the lawsuit.
It`s amazing what a little $$$ can do.
The follow up will read: Case settled out of court.