NEWS - Tuesday, December 12, 2006

Plaintiff’s Lawyer Talks 360 Class Action

In late November, lawyers for California resident Kevin Ray filed a class action lawsuit against Microsoft in a Washington state district court. The plaintiff claims that following the October 31 fall update download for Xbox 360, his system was “bricked,” or rendered useless. Numerous complaints of a similar nature appeared on blogs and message board threads, prompting Ray to file the lawsuit on behalf of not only himself, but also others who had experienced the same problem. Microsoft is accused of breach of contract, violation of Washington’s Consumer Protection Act and negligence. Law firms handling the case are Atlanta-based Chitwood Harley Harnes, Seattle-based Keller Rohrback and Los Angeles-based Kabateck Brown Kellner. "According to the complaint, the plaintiff and class are asking for awards worth at least $5,000,000, although this amount could vary depending on how many people were affected by fall update issues. The complaint said thousands could have been affected by similar fall update problems. Next-Gen spoke with Brian Kabateck, senior partner at Kabateck Brown Kellner, who admitted that his firm has "no idea" what the actual amount of damages sought after actually is, because it’s unclear how many people this issue has affected (although Microsoft claimed shortly after the update that less than 1 percent of Xbox 360 users were affected). The firm pleaded the $5,000,000 amount as a procedural measure for the Federal Court in order to make sure the plaintiff and law firm had triggered appropriate jurisdiction. Kabateck contested Microsoft’s official claim that the company would pay all shipping, repair and/or replacement costs for affected consoles. “If that were true, that would go a long way to solving the problem,” Kabateck said. “Unfortunately, all the reports we’re getting is that Microsoft is saying ’Send your Xbox in and for 140 bucks we’ll fix it.’ In our opinion, they’re turning their screw-up into a profit center.” Microsoft has yet to respond to the law firm.

Site Statistics

Registered Members: 75,695
Forum Posts: 725,959
Xbox One Titles: 5,027
Xbox 360 Titles: 1,086
Xbox 360 Kinect Titles: 95
Xbox 360 Arcade Titles: 586
Original Xbox Titles: 987
Staff Reviews: 2,428
Member Reviews: 10,339
News Articles: 16,491
Screenshots: 37,601
Xbox 360 Achievements: 45,112
Xbox 360 Faceplates: 2,016
Cheat Codes: 1,706

Latest News

See News Archives

Community Forum Activity

KeyWe Giveaway!
Post by Variation-XBA
0 Replies, 14414 Views

2021: XBA is still here
Post by shrew king
32 Replies, 111417 Views

Watch Dogs: Legion
Post by Nato King
0 Replies, 96327 Views

Xbox Series X or S
Post by Nato King
5 Replies, 111776 Views

Spellbreak Grand Magus Pack (3) and Starter Pack (7) Giveaway!
Post by Variation-XBA
0 Replies, 106404 Views

I pay $ 1000! I search the Element 54 Canadian launch Team signaturen Faceplate
Post by Smill
0 Replies, 121217 Views

Xbox one no signal
Post by debrartin
0 Replies, 119827 Views

do you remember?
Post by SnoochyBoochy
3 Replies, 152080 Views

i haz xbox
Post by SnoochyBoochy
0 Replies, 117151 Views

Claiming the first thread of 2020
Post by Kraft
7 Replies, 193884 Views

Important! I pay $ 1000! I search the Sweden launch and the Element 54 Faceplate
Post by Smill
3 Replies, 119435 Views

Squad Up
Post by samslophead
0 Replies, 208642 Views

TERA Skinned Xbox One X Giveaway!
Post by Variation-XBA
0 Replies, 149434 Views

Starfield Release expectations?
Post by DJ tx
4 Replies, 261411 Views

Issue with Xbox live on Xbox home
Post by rcmpayne
0 Replies, 146537 Views

© 2000-2023 - All rights reserved. All trademarks are properties of their respective owners.
Xbox is a registered trademark of Microsoft. is not affiliated with Microsoft.

Made in Canada
Site Design by Cameron Graphics