Microsoft Hit With A Second Xbox 360 Class Action Suit

Microsoft has been hit with a new class action lawsuit alleging that the company's Xbox 360 console damages game discs.
"Microsoft improperly and/or negligently manufactured the Xbox 360 console in a manner that causes the expensive game discs ... to be scratched, rendering the games unusable," the suit alleges.

The complaint was filed Monday in the U.S. District Court for Southern California by two residents of the state: Christine Moskowitz and Dan Wood. The suit is seeking not less than $5 million in damages for Xbox 360 buyers affected by the alleged glitch.

Microsoft was slapped with a similar action last week in a Florida court.

[PS360WII]

5 million! Those kids need to check into reality and get a job instead of hunting down there (assumed)easy sue money. All they are accomplishing is going into debt with lawyer fees. Well done kids well done

[kurruptor]

Here is some education for you since you seem to have no idea what a class action lawsuit is...

Typical class actions involve hundreds, thousands or millions of people who have comparable claims. Class action "certification" permits all claims to be heard in a single trial.

Basically, these guys are suing Microsoft on behalf of everyone who has had this problem, the 5 million would be split up to all customers who had the problem (and took the proper action to become part of the suit).

[ArduousAndy]

the 5 million may not become cash. It may be spent towards reparing the 360 that damages the discs.

However, if there is proof that atleast 51% of the fault can goto the plaintiff the defendants win.

For example. If the system is moved with a disc inside, or its standing up right and knocked over.

[Odion]

ya i don't beleive this in the least, I've had mine for over a year and all my CD's are fine, how could it scratch them? Maybe these morons are moving the console around while its running

[DJ]

They blame customers whenever their hardware does something funky, like destroy game discs. The slightest vibration in the floor can end up scratching discs in 360's that have certain DVD drives (i.e. no laser padding, like what the PS2 or PS3 have.

[THE_JUDGE]

Please stop acting like this problem doesn't exist. I work at a video game rental store part time and I have seen at least 50 X360 games that have this ring scratch on them. The x360 are made faulty, plain and simple. If you want proof, I take some freaking pictures. No company is infallible, especially Microsoft and in this case, they should be held liable. I'd say the same thing about any company.

[nobizlikesnowbiz]

That doesn't change the fact that it's stated in the manual don't disturb it while it's playing.

Of course it's M$'s fault for their shoddy build quality. But that's being fixed.

Seriously though. This problem only happens when tards kick their console while it's playing. I've witnessed it multiple times.

IF YOU KNOW YOUR CONSOLE IS TOUCHY, WHY F**K WITH IT? JUST LEAVE IT IN IT'S SPOT AND PRAY IT DOESN't RROD.

Thats what I do. It's a launch console. It's never f**ked up. I love my Xbox360.

[gamehead]

lol. microsoft PR is gonna have their work cut out for them. I predict more law suits even thought most of them won't see trial and the best they can hope for is a settlemt from Microsoft, you gotta wonder what this will do for their PR. Word of red lights have already spread thru d gaming community but how about the general community. This could be disastrous to msoft, they need to spit out the new 360's with smaller chips asap

[Arsenic13]

1 thing about this site i hate, ppl repost old news with diffrent urls. Not to nag but pay attention.

[Daewoodrow]

they wont get anywhere, not with the game disk thing. Microsoft has some iron clad defence for it. They changed the disk drives to stop it happening, and they put a warning in the manual not to move the xbox right from the start.

[BenzMoney]

There is an explicit warning in the manual that tells you not to move the console with a disc in the tray.

Now, do most people read the manual? Probably not. But that doesn't matter. In the legal system there's something called "due diligence". Microsoft exercised that when it put a warning in the manual.

In short, the lawsuit is doomed.

[NewScratch]

what a lame defense for faulty hardware.

worse yet there's consumers outside of the company sticking up for it as well. fan or not if ps3s scratched discs i wouldnt defend it. i'd be pissed.

want proof? psn has been absolute garbage -- i'm pissed everytime i hear 360 gets a new demo.

[Mr VideoGames]

and i've had it since launch these Lawsuits are always Fake, all Lies you Fony F*gBoyz will do anything to try and get people to hate Xbox 360 when you know Damn we'll PS3 is going to Lose this Generation you guys are just in Denial

here is a Little Video to Help you guys get through your Grieving

XBOX 360 RULES!!!

[Kleptic]

You are quickly turning into one of the biggest idiots on this site...

Just because your 360 works fine does not mean that others are not having problems...and it also doesn't mean this is made up by Sony fanboys...the latter of which may be simultaneously the funniest and lamest comment I have ever read...

and thank you for posting that pointless video...again...how many posts are you going to attatch that thing to?

[Arsenic13]

U are a god dam moron, slit ur f**king wrists already!

[MarioFromTexas]

This is such B$, this only happens if you have your 360 horizontly and it's move during gameplay. This happen to me when I was hooking up my ethernet cable and slightly moved it and it cause my game to get scratch. Other than this incident I never had any other disk get scratch. I think M$ put themself in this position because they didn't acknowledge the faulty hardware at the begining of the launch. I think it's going to hurt them in the long run.

[INehalemEXI]

I had this problem 2 times with the same 360, The lens sits to low and actualy rubs on the discs as they spin. Its Faulty optical drive and this isnt covered in the 3 year extended waranty so law suits sound ok to me cause Its lame paying 100 bucks to repair after its already been repaired once and still scratches discs.

You will notice that the discs have a scratch that is a perfect circle , which will tell you the lens is definately contacting the disc. Sometimes it starts out with nics here and there though.

Moving the console ....that is a lame excuse like people are playing a game and kicking there 360?

[PS3n360]

scratched disks are the fault of the user. RROD is the fault of MS. Essentially the early versions of the console will have no resale or trade in value as noone would want to risk it. I might trade mine in now get a PS3 then rebuy a 360 when falcon hits. Too many great games on both systems now to own only one. Man this generation is the best one yet for gameheads.

[Fezthebest]

Well then you could say RROD is the consumers fault too, for not having it in a well insulated place liek they say. The scratched discs are as other people have said it, because of the lens being too close to the disc(dont know why). And yeah your right about too many great games for both system to only have one. im prob going to get a ps3 first then 360. jsut so by the time i get a 360 these probs are solved.

[INehalemEXI]

Doesnt mean others can't , Im not bullsh*ting you seriously there are alot of 360s that scratch discs due to faulty optical drives.

I happen to have one of those 360's and can tell you My 360 hasnt moved since I put it in my Entertainment system and the Piece of Sh*t scratches discs.

Not saying all 360s are but mine is a piece of sh*t, put the fanboy aura aside and imagine paying all that money for a 360 that scratches discs...

[kurruptor]

Ya no crap, I can't stand these idiots with the logic like "Mine works so that means there is no problem."

The fact is, there were faulty drives produced that scratched discs even without the system being moved.

[XxZxX]

Just replace the f*cking games that it scratches. It's not like I asked buy me a new house. Clearly this lawsuit can be avoided earlier on but i still think we will never hear from this lawsuit again because microsoft will definately settle with plaintiff.

[bootsielon]

I'm on my third Xbox 360 (this one has lasted more than the first, and a lot more than the second). I'm on my third HDD (See australia EB Games recall; I'm not from australia by the way, but it's relevant to my credibility). I've also gotten 2 discs scratched by my Xbox. Also, many of my friends have had faulty Xboxes or lame experiences with the 360. Anecdotal? Maybe, but the proof is in the pudding, retailers have provided proof, and Microsoft has too. So there.

[tehcellownu]

I heard 360 is crackin games too in the middle of the disk..

[nobizlikesnowbiz]

I heard that was a rare problem, not caused by the 360 itself, rather some discs are faulty?

It happened to me. Only prob I've ever had with my 360. I beleive it was just a faulty disc though.

One day my 360 started sounding totally weird while playing Gears. I took it out and checked the disc, only to find that there was a crack starting in the middle of the disc, and spreading about halfway across it.

Oh well. I just went to Gamestop and bought another copy. But not after trying to find Epic's headquarters in Raleigh (it's supposedly like 4 min drive from my apartment) so that I could complain and try and get a free copy while creaming my pants because I'm in the building that created the most fun gaming expirience I've ever had.

Lol.

[Rhezin]

this f!cking prick, another lawsuit. IT CAN HAPPEN TO ALL OF US DIPSH!T, but you don't see us suing the hell outta M$. F!cking loser just deal with it.

[nadizo]

Stop defeding the Xbox360 like its you wife...
Its just a console.

My old Xbox360 used to scratch disks, without me ever moving or touching the console. It even scratched my game so bad that it made a big circle on the disk. I called Xbox and they Tech support INSISTED that I moved the console, so I yelled at him and told him i never moved it and they gave me a free game.

SO YES THE XBOX360 DOES SCRATCH GAME DISKS...

[rluvah]

Im on my 3rd XBox. My first one put a large ring scratch on my game before freezing and then i got the Rings of Death. Sounds like im not the only one this happened to.

[Fezthebest]

you are lucky you wern't like my friend, the day he bought it i was gogin to buy one tooo, but wanted to try his out first and see how it is etc. His 360 RRODed in 15 mins, so he returned it and did this 5 times they all RRODed, so i got scared like hell lol and didn't buy one, and havent bouhgt one at alll, but i want one soooo bad, i wnat a PS3 badly too grrr

[ErcsYou]

i knew that the law suits were coming...thats why M$ announced the billion dollar fix for 360's to avoid a much larger lawsuit....they know thet're screwed....

the funniest thing about these stories is all the xbox gamers claiming that their launch system has zero problems and has never scratched a game....they either dont own a system, never use the system, or real lucky (so far)......it will get you eventualy. ......so please stop rubbing it in my face that your system still works and everybody else's is broke. makes me wonder why your 360 was so much better than mine

[tk]

And 500 hundred of my friends who play their's 24/7 since launch day has never had a single problem. The disks looks better than the day we bought them, and not a single RROD amongst all of us. Any person who do anything more than hit theirs with a baseball bat while playing must have scratched their disks with a screwdriver because the titanium coating can withstand flamethrowers and attacks with sandpaper. All the stories of RROD and scratched disks are made up by haters.

yeahhh right....

[Fezthebest]

lol

[power of Green]

He doesn't even post anything other than bad 360 news. Just ignor his post they're worthless.

[nobizlikesnowbiz]

Agreed.

[tomfoolery]

1.Your seriously losing this gen and your all feeling like b1tch-
slapped red-headed stepchildren without games & Blu-chunk players.
2.Your losers and you know it.
3.You enjoy the spoonfeeding of countlees lies from your console provider.
4.Your on-line service lacks terribly and you know it.
5.Waitng beyond is an acquired taste which you have addapted to exrtemely well.
6.You people have become numerously parasitic on mundane video game
forum sites,such as N4G.
7.My fingers are growing wary,but I could have easily given
#40 reasons.You guys make it so easy.

[DTClown]

I have been a casual reader of this site for some time. I have never registered or posted until now.

I read some of this stuff and I just shake my head in disbelief on many of the issues. People, why are you slamming your peers for reporting faulty hardware? I just don't get it. No one is making this stuff up. If they were, MS wouldn't be eartagging over a billion dollars for repairs. So if MS is living up to their hasty decisions and now trying to compensate their customers, why are many of you bashing each other with remarks of hatered? It makes no sense to me, but then again, I am a rational adult in an obvious sea of children who evedently can't express themselves in a socially accepted manner. Now, before one of the children here call me a name for that comment, just go sit in the corner with your nose touching the wall for 5 minutes and calm down.

As far as certain individuals here saying that Sony has lost this generations console war are concerened, what generation life span are you referring to? You see, Sony has a history of game systems that are supported for more than the "4 years and see ya later" life span of the original xbox. In fact, the PS2 is still outselling all consoles seven years straight now. Seven years. Not only seven years and counting, but new and relevant software still being made for it. (ie... God of War II) Is there any new games still being developed for the original xbox? No, because MS has abandoned that system after only 4 years. So if you look at the historic life cycles of Microsoft's consoles, then I guess that "this generation" is half over for you guys. Sorry to tell ya, but this generation is just heating up. If MS stays in this game, both they and Nintendo for that matter will be bringing new consoles to the market just to compete with the PS3 which will easily last a decade. Oh, and that new xbox console, when it arrives in 2010, WILL have a Blu-Ray drive in it! Mark my words.

Before the kids slam me for not knowing anything, a little about me. I am 38 years old and have played and owned almost EVERY console to EVER come to market. I own a video production company, photography studio, and visual effects software company. I am a professional, a parent, a husband, and an original hard-core gamer from the beginning. Just like my musical tastes, I cannot be tied down to one genra. If it's good(games & or music) I like it. If it's not, I'll give you my honest opinion of it. I am not here to offend anyone, but to enjoy the experience games and life brings with everyone. So to the few out there, don't ruin it for the rest of us that are here to enjoy ourselves.

[vaughner81]

DT, well put my friend. Well put. As to all of you children who like to rant and rave... have fun, I own them all and buy for them all. Stop listening to your loser friends who have no idea and say a console is better cause they have a game you dont. Go get a job and get them all and you will see for yourself. They are all strong and all weak. In their own ways. And if you ask me what system will live the longest, I will have to say the PS3, then the Wii, and then the 360. But they will all live until the next next gen war begins.

DT, you got an agree and a positive bubble for that post.

Tchau'