Xbox 360 Class Action Lawsuit
With Microsoft preparing to release its Xbox Live Spring Update next month, it seemed like a good time to check back in on the proposed class action lawsuit that stemmed from the Xbox 360 hardware glitches allegedly caused by the Fall 2006 update. In a joint status report, filed April 6, lawyers for Microsoft and the plaintiff, Kevin Ray, outline their positions and deal with scheduling issues.
Here's the filing: PDF, 7 pages. Among other things, Microsoft points out that it increased the Xbox 360 limited warranty after the suit was filed. An excerpt:
All Xbox 360 consoles sold in the United States are covered by a limited warranty, which Microsoft extended from 90 days to one year in December 2006. Microsoft believes that the repairs, replacements, and refunds it provided under the limited warranty, together with its other customer service actions, resolved Mr. Ray's and the proposed class members' claims, if any should be determined to have merit.
The plaintiff's lawyers see things differently. The status report says they "intend to file additional complaints on behalf of additional plaintiffs alleging similar claims against Microsoft, and will move to consolidate those actions with the present action." In addition, they are continuing to pursue class-action certification for the case, which would open it up to additional consumers.
But barring settlement or some other development, don't look for this to be resolved anytime soon. In the filing, the two sides propose a trial date of Sept. 22, 2008 -- about a year and a half from now.
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