XBox ’scratched disk’ lawsuit
p2pnet news | games:- Complaints about XBox scratching game discs started surfacing in December, 2005, and now a Florida man is demanding class action status so he can sue Bill and the Boyz for more than $5 million.
Jorge Brouwer says Microsoft was supplying consoles that were, “negligently designed and manufactured” and although it’d received thousands of complaints it hadn’t replaced all scratched discs, continues Associated Press.
“Brouwer said his Xbox 360 scratched two games, ‘Gears of War’ and ‘Madden NFL 07,’ and that Microsoft offered to replace them for a $20 fee,” says AP.
Microsoft is already in trouble over XBox warranties which look likely to cost it some $1.5 billion.
Meanwhile, “Out of the millions of Xbox consoles in use, Microsoft has not received any widespread reports of Xbox 360s scratching discs,” AP has Co company spokesman Jack Evans saying.
“Evans did not clarify what number of reports would qualify as ‘widespread’,” observes the story.
“Originally, only moving the console while the disc was spinning, and occasionally leaving the console in the horizontal position, would cause scratches,” said a post on myxbox360.com, going on:
However, a member at Sengo.com has reported the X360 scratched his copy of Halo 2 in the vertical position.
“My Xbox 360 has been leaving scratches on my discs. On some of my discs it is leaving small scratches which don’t effect gameplay at all. On one of my discs, which happens to be Halo 2, has left a large, deep, circular scratch around my disc. Now my game is unplayable,” EthanDM said. “Supposedly Microsoft will not cover my game, but they say they can take my Xbox 360 to run tests and fix what they can. This Xbox 360 has really ticked me off, it also randomly freezes and crashes.”
The pic on the right shows scratches made on the CD by the Xbox 360, says the story.
“The lawsuit also cites investigations of similar consumer complaints conducted by a Dutch television program, which found that one of nine consoles tested scratched a disc after five hours of play,” says AP.
Also See:
started surfacing – King Kong XBox 360 flaw, December 15, 2005
Associated Press – Lawsuit claims Xbox 360 system scratches discs, July 10, 2007
XBox warranties – Microsoft’s $1.15 billion XBox bill, July 6, 2007
myxbox360.com – Xbox360 disc scratching widespread?, November 27, 2005
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July 14th, 2007 at 11:08 am
If you have an Xbox 360 Console that has scratched your discs and you would like more information about the proposed class action lawsuit filed, please visit the Plaintiff’s attorneys’ website at http://www.Xbox360Litigation.com.
In the lawsuit, the Plaintiff is asking the Court to certify a nationwide class and create a fund for all individuals that have had discs damaged by an Xbox 360. The Plaintiff has alleged that the total minimum amount of damages incurred by all of the individuals combined is at least $5,000,000.00. To be clear, the Plaintiff is not alleging that he or any individual member of the class is entitled to that amount of money. The sum recovered by individual class members will be significantly less than the total damages incurred by the proposed class as a whole.
July 22nd, 2007 at 7:52 pm
Hello, i live in canada, and how do i get on this list or whatever, i am tired of 360 ruining my disks how do i go about finding out about this, i was on the phone waiting for customer support for a hour waiting and no responce, so i hung up. the game was Rainbow Six vegas and its not on the list of supported games, i am begining to hate microsoft xbox, and mabe i will trade it all in for a PS3, thats sad but true. if anyone have any help id appreate it. i know this wasent the first disk it ruined and wont be the last.
July 22nd, 2007 at 10:42 pm
Update. I was on the phone with tech support from some guy in a forghien country. They said where it was a Ubisoft game, and said the disk could be defective and because of the high spinning of the Xbox 360 drive the disk could be warped or a defect that caused that damage. when i said ” its not the disk that caused it, it was the Xbox” he said he couldnt help me any further. So i said forget it. and ill just go buy a new disk. I think no matter what if the Xbox is vertical or horizontal it still shouldnt damage disks. today im less a fan of the Xbox 360. I will surely keep my disk until the lawsuit gets filed and i hope to have my name on this list, i dont think that this Peice of junk xbox should have ruined my disk so easly. Screw u Moneysoft.
July 23rd, 2007 at 10:35 am
I had contacted the Lawyers who are handling this case. Unfourtinatly where i am Canadian this lawsuit only covers USA disk and consoles right now. But they were very friendly and informed they will keep my information if this goes international. I hope some Canadian lawfirm takes the case for all those people with scratched disks. I know its only one disk for me so i am lucky. I will replace the disk myself or have my xbox serviced and be happy about it, just with a sour taste from moneysoft.
August 16th, 2007 at 9:42 pm
Hello All, Please take a look at the website listed above.. http://www.scratchmaster.net. I ordered one of there pre-paid mailers from there website for $5.00. I sent them my scratched Madden 07 that looked like it got ran over by a truck. 3days later i received my disc back in perfect condition. Also my madden worked.Microsoft might want to look into this company to satisfy some of there unhappy customers. they have free shipping & handling also for $5.00 nationwide.
March 10th, 2008 at 11:10 am
I used the company discrepairservices.com they made my disc look good as new. I would recommend to anyone who has a scratched DVD CD or game disc.
April 19th, 2008 at 12:12 pm
I am returning an XBOX360 elite that I bought for my son’s birthday only last week. 4/14/08. In less than 4 hours playing time, the console ruined one brand new $60 non MS game disk. The console was not moved since it was installed for use at my house. So while the getting is good, I am returning this because I can see it will be a nightmare to own, and my son is heartbroken. As a former defender and supporter of MS, I am appalled and extremely disappointed in the very poor quality control, especially on of all components, the disk reading drive. It is absurd that this happens. How naive I was believing this issue would be addressed and fixed by MS as soon as occurences cropped up. I will be joining any class action suit that I can and I am documenting everything. Shame on Microsoft.