A Chicago world has filed a class action complaint against Microsoft that claims the party knowingly distributed defective Xbox game consoles in its hurry to beat rivals to market with a next - genesis play product .
A charge filed in a U.S. District Court in Illinois by Robert E. Byers allege that Microsoft contrive a power supply and a CPU into the Xbox 360 that run too hot and overheat , cause the console to immobilise or lock up when being operated . The figure shortcoming is “ material ” because “ it render the Xbox 360 secret plan console whole inoperable , ” fit in to Margaret Court documents filed Friday , Dec. 2 .
harmonize to Byers ’ complaint , Microsoft made the Xbox 360 available to consumer before it was the right way designed to discharge the console before company such as Sony and Nintendo made competitive mathematical product available . Therefore , he said , the party has gain from deceiving consumer into purchase a wrong product .
“ In its rush to beat its competitors by being the first to stick in the next generation of secret plan consoles into the market place so as to increase Microsoft ’s marketplace share , Microsoft was intent on launching its Xbox 360 Game console ahead of competitors and in time to capitalize on the 2005 holiday shopping season — even if doing so meant selling Plaintiff and Class appendage defectively designed Xbox 360 secret plan consoles , ” Byers said in his complaint .
Byers is seek unspecified damages for himself and others who want to participate in the suit .
Sean Marshall , a spokesman for Microsoft through the troupe ’s public relations firm Edelman , said in an e - mail interview that the company does not comment on pending legal matter but is look into the ill . He acknowledge that Microsoft has receive “ a few set-apart reports of consoles not act as expected . ” Still , the vast majority of Xbox owners are having an “ outstanding experience ” with their new systems , Marshall read .
Complaints report on blogs and user groups seem to suggest that problem with the Xbox 360 may be more widespread than Microsoft will let in . On Nov. 22 , the daytime the Xbox 360 was released , a passel of drug user reported complaints in military post to theXbox - SceneOnline Web Community and to other web log and user group .
Some Xbox 360 users said the cabinet would break up when loading games or after user played a biz for only a short menses of time , while others take that the console would stop dead up and put scratches in secret plan compact disc . Still others report scrambled screens and other signs that argue the console was not working the right way .
Another Xbox enthusiast land site , Teamxbox.com , began polling user to see if their machine were figure out right the day the Xbox 360 embark . nigh 15 percent of the 915 who vote in a poll report that their consoles were defective .
Xbox customer having problem with their console table can call 1 - 800 - 4 - MY - XBOX for helper , Marshall read . Microsoft is offering to revivify defective consoles as apace as possible and will pay for all-night cargo ships both from consumer and back to them once console have been recreate , he say .
“ [ Microsoft is ] committed to pretend certain the small telephone number of consumer having any problem is taken care of the right way away , ” Marshall said .
