Microsoft hit with Class Action suit over Fall Update

December 7, 2006

Back in October Microsoft pushed out an update to 360 owners wishing to get on Live! that rendered some consoles un-usable. Every report I heard was that Microsoft did the customers right and fixed the damaged machines. Apparently this was not enough for some as a class action suit has been filed in Washington. The suit accuses Microsoft of breach of contract, negligence, and violation of the state of Washington’s Consumer Protection Act (CPA). I find these claims laughable.

Breach of what contract? I never signed a contract when I bought my 360. Likewise, on what basis would negligence be determined? I am sure the rigorous testing of updates for consoles that the software giant undergoes would stand up to scrutiny. You know, this isn’t the first time they have patched something. The plaintiff is seeking $5M in damages for breach of contract and $5M in damages for deceptive practices under the CPA law. Should Microsoft skirt those charges, the suit also seeks $5M in damages for negligence.

If this case gets off the ground, I’ll be highly annoyed. The story on Gamespot [url=]mentions[/url] that the plaintiff is under the impression that Microsoft strong armed consumers and requested $140 to repair the “bricked” consoles, a claim I’ve not heard up until today. Like I said, I’m calling shenanigans on the whole thing and I hope a judge tosses the case out.