Microsoft Sued Over X360 Freezes

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Microsoft Sued Over X360 Freezes

Post by Chaniyth »

According to a Reuters story today, Robert Byers filed a class action suit in Illinois claiming that in its rush to release the Xbox 360 ahead of Sony's PlayStation 3, Microsoft shipped a "defectively designed" system.

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Post by melancholy »

This was all to obvious to happen. I would have been more surprised if nobody sued them. Ah well, if I can get something out of this lawsuit, I will be happy.
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Post by mikozero »

do we think he has a case ?

edit - would they have to pull it if he won ?
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Post by that_guy »

I doubt the system would be pulled, possibly saying that it was just one defective unit out of the whole production. On the fact of weither he has a case or not, I highly doubt it.
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Post by butters »

that_guy wrote:I doubt the system would be pulled, possibly saying that it was just one defective unit out of the whole production. On the fact of weither he has a case or not, I highly doubt it.
The thing is there's been dozens of reported cases of this happening, so at least the class action suit could happen.
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Post by Smiley »

doesn't micro's warranty for the console cover crap like that? or are they charging people to fix an obvious defect.....


I remember when people banded together to sue sony for the infamous ps2 dre errors...good times...
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Post by butters »

It costs a good chunk of money to get it to them. If the class action suit gets big enough, there's a chance for punitive damages on top of the compensatory damages that would be awarded.
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Post by Lunchbox »

Butters wrote:It costs a good chunk of money to get it to them.
Gamespot.com wrote: To that end, O'Donnell says help is on the way--or at least will be soon. Gamers with console problems who call 1-800-4MY-XBOX and wind up needing repairs or a replacement 360 will have a prepaid shipping box overnighted to them. She said that typically said gamers will have a fixed or replaced 360 arriving at their door five business days later.


Thats what I don't understand about this case. If MS is offering to fix defective units or send replacement units free of charge, with free shipping, then what are these guys suing over?
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Post by butters »

Lunchbox wrote: Thats what I don't understand about this case. If MS is offering to fix defective units or send replacement units free of charge, with free shipping, then what are these guys suing over?
Time lost has a value. Also a company can't put a product on the market with a known defect.

I'm more interested in seeing what happens with the people that have had games get scratched from moving the unit.
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Post by Veggita2099 »

Usually big cases like that end with a reward that is a joke. I remember having trouble with the company Iomega getting a rebate that was with a zip drive I bought back around summer of 96ish. Anyways a bunch of people got together and sued them over it. About 3 years after that I got a letter in the mail with a this huge document about how Iomega lost and had to pay out settlements to each person who was cheated. The payment they had to offer was a $3 coupon towards 1 of 5 products on this piece of paper. And each product on that paper was overpriced and out of date. So basically they paided nothing.
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Post by that_guy »

:lol: That sucks
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Post by Lartrak »

Veggita2099 wrote:Usually big cases like that end with a reward that is a joke. I remember having trouble with the company Iomega getting a rebate that was with a zip drive I bought back around summer of 96ish. Anyways a bunch of people got together and sued them over it. About 3 years after that I got a letter in the mail with a this huge document about how Iomega lost and had to pay out settlements to each person who was cheated. The payment they had to offer was a $3 coupon towards 1 of 5 products on this piece of paper. And each product on that paper was overpriced and out of date. So basically they paided nothing.
The WORST settlement is still Nintendo's, where in the late NES era they lost a lawsuit about price fixing and controller the market, if memory serves. They had to give out coupons for people to get $5 off NES carts.

In other words, they just had to give out coupons which would cause people to buy more NES games, which they made massive profits on regardless of if they were $5 cheaper or not. What a crock.
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Post by I.M. Weasel »

Lunchbox wrote:
Butters wrote:It costs a good chunk of money to get it to them.
Gamespot.com wrote: To that end, O'Donnell says help is on the way--or at least will be soon. Gamers with console problems who call 1-800-4MY-XBOX and wind up needing repairs or a replacement 360 will have a prepaid shipping box overnighted to them. She said that typically said gamers will have a fixed or replaced 360 arriving at their door five business days later.


Thats what I don't understand about this case. If MS is offering to fix defective units or send replacement units free of charge, with free shipping, then what are these guys suing over?
Butters wrote:Time lost has a value. Also a company can't put a product on the market with a known defect.
Yup. its illegal to put out a knowlingly defective product. It is also illegal to sell a product that needs a replacement part, extra part or fixing to make it perform the function that it was advertised to perform.
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Post by Lunchbox »

I.M. Weasel wrote:
Lunchbox wrote:
Butters wrote:It costs a good chunk of money to get it to them.
Gamespot.com wrote: To that end, O'Donnell says help is on the way--or at least will be soon. Gamers with console problems who call 1-800-4MY-XBOX and wind up needing repairs or a replacement 360 will have a prepaid shipping box overnighted to them. She said that typically said gamers will have a fixed or replaced 360 arriving at their door five business days later.


Thats what I don't understand about this case. If MS is offering to fix defective units or send replacement units free of charge, with free shipping, then what are these guys suing over?
Butters wrote:Time lost has a value. Also a company can't put a product on the market with a known defect.
Yup. its illegal to put out a knowlingly defective product. It is also illegal to sell a product that needs a replacement part, extra part or fixing to make it perform the function that it was advertised to perform.
and that would all apply assuming every 360 sold was defective and MS knew they would be defective, which clearly isn't the case. From what I've read only a small precentage is (3% or so)
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Post by SuperMegatron »

Lunchbox wrote:and that would all apply assuming every 360 sold was defective and MS knew they would be defective, which clearly isn't the case. From what I've read only a small precentage is (3% or so)
3% is a huge number. To get a number that high their quality control would be almost nonexistent. Usually companies expect about .9-1% rate of failure in their products.
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Post by Ex-Cyber »

From what I've heard, companies with really good QA generally expect more like 0.01%
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Post by Syd »

Ex-Cyber wrote:From what I've heard, companies with really good QA generally expect more like 0.01%
Definitely. 3% is way too high for any company, much less one as big and reputable as Microsoft.
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Post by Smurph »

Syd wrote:Definitely. 3% is way too high for any company, much less one as big and reputable as Microsoft.
Sarcasm?
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Post by CoasterKing »

I'd have called technical support...
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