Class-Action Lawsuit - Deficient Xbox 360's

I'm strongly considering filing a class action lawsuit will probabky begin the process this monday. I thought I'd start out by asking how many people here have had a defective xbox 360 that they've had to exchange or replace?
The reason I am considering a lawsuit is because I just discovered (upon trying to return my third console for repairs/ or a fourth) that the warranty does not renew when you're 360 is replaced or fixed.
What I think is equally accountable is that upon asking questions and investiagting, I discovered that they conveniently don't keep records of original serial numbers for replaced, and can therefore get away with warranty aberations more easily. Yet somehow they managed to know that my original xbox was an 05 console (purchased in jan 06), despite not having any other records or info on it.
In other words, it seems even their record-keeping is fixed to ensure limited liability.
If you have expereinced ANY problems with your xbox 360, whether it be replacement, repairs, or something else-- PLEASE sign below. I don't need a name right now, but I will contact you via PM soon.
Also, please list the state in which you reside, as that will be very important, and the more states that are represented, the more difficult it is for them to make a minor settlement with the involved parties (inter-jurisdictional stuff), and the more likely a suit is to win.
Thanks.snake3rules

Lol your funny,

Im in the Uk and my 360 is sent away for repair after scratching disks, and im only telling you this coz i want 50% of the money you make. LOL JK

hahah, yeah, we'll start our own category-- a world-action suitsnake3rules

HAHAHAHA, good luck finding a lawyer to take this crap.  In order for this to be viable you'd need to gather thousands of 360 owners, verify that each in fact had a problem, that each problem was in fact attributable to MS and not the consumer's own stupidity, etc etc.  On top of that, for all your work, you'd get a couple of bucks and a pat on the back. 

 Not worth your time man, especially since most people who have had problems have had their 360s fixed, so therefore they have no claim. 

Probably your biggest problem will be getting around the inevitable arbitration clause in the user agreement. Yeah, believe it or not, by buying and using your 360 and their warranty service, you probably agreed to not take MS to court, but instead try to at least arbitrate the problem first.  This of course presents multiple problems as arbitration is not cheap and your attorney probably won't work on a contingent fee.

Sorry man, well not really sorry, but yeah, you probably can't go anywhere with this.

My original 360 (bought at launch, but played since Xmas '05) broke 10 or so days ago...check the Broken 360 topic (5-6 pages back) to see my situation.  If you do get a class action, lemme know.

This will go as far as the defence lawyers first question.
Lawyer: "So Mr Snake, you did read your warranty?"
MrSnake: "No"
Lawyer: "But you can read can't you Mr Snake?"
MrSnake: "Yes"
Judge: "Case dismissed"
freaky_monkey

Good Luck finding someone that can beat Johnny Cochran (I hear Microsoft has him freezed somewhere in the basement)gp19

well believe it or not, arbitration through several states and jurisdictions becomes very difficult, and companies like MS are more likely to settle if they think there is a chance of it either winning or costing them lots of money in litigation. Further a lawyer is more likely to take a class action since they get greater earnings if you win. Finally, regardless of whether or not I read the warranty, if they acknowledge the deficiency under warranty (by replacing it), and then say the warranty of my original console is the one I still have (despite no longer having that console), then I don't think they've met their end of any warranty's purpose, which is to protect the consumer from faulty product. And furthermore, they didn't give me a warranty with my new product (unlike the people who buy them anywhere else), which is not in keeping with their sales procedures, and probably equally finable in court. I'm not a lawyer, so obviously I don't know the full extent of the law. But I am fairly positive I have grounds for something, and if it has to do with replacements and warranties, then the evidence obtainable would be extraordinarly large. But then again, I'm not in the business of belittling people for no good reason, so I'm sure you've got something else to say.snake3rules

Well, I'm not a lawyer either, but I am a law student and I have a pretty good idea about how the system works.

First, the arbitration probably wouldn't be class wide, it would be person specific, meaning each person would have to go through arbitration first.  MS wouldn't settle because if they do, then they've opened the door to everyone else to win.  Instead they would fight a few cases, win and then you'd be left with nothing.  You could try to get the arbitration clause thrown out, but that's highly unlikely, the judge would probably have to find the terms unconscionable.  This is also unlikely because MS has good lawyers who know what will be upheld and what won't.

Second, Lawyers aren't stupid, they will only take a case if they can not only win, but also likely receive a good amount of money for their efforts.  Class actions are extraordinarily difficult and capital intensive from the start.  You'd have to find a lawyer that has a lot of money to begin with because that lawyer, or you, is going to have to front the money to make the class action suit known to ALL possible members of the class.  That means individual mailings, tv advertisments, print ads, etc.  No, posting it on this forum isn't enough.  Not only that, he will have to organize and investigate the claims of every individual member of the class to see if the same basic problems are common to all of them.  No court would allow you to just state that there's a general problem and win, you'd have to prove, with a pretty good amount of certainty, that this is a problem common to everyone, not an easy task.  

The only thing you have grounds for is complaining to MS if you feel cheated.  But that's about it.  Your warranty last for a certain period of time since you first got the system, not every time its fixed.   By all means, take it to a lawyer.  You never know with 100% certainty what will happen.  I'm just telling you what, in my non-legal opinion, will happen based on what I know of the civil law system. 

[QUOTE="snake3rules"]well believe it or not, arbitration through several states and jurisdictions becomes very difficult, and companies like MS are more likely to settle if they think there is a chance of it either winning or costing them lots of money in litigation. Further a lawyer is more likely to take a class action since they get greater earnings if you win. Finally, regardless of whether or not I read the warranty, if they acknowledge the deficiency under warranty (by replacing it), and then say the warranty of my original console is the one I still have (despite no longer having that console), then I don't think they've met their end of any warranty's purpose, which is to protect the consumer from faulty product. And furthermore, they didn't give me a warranty with my new product (unlike the people who buy them anywhere else), which is not in keeping with their sales procedures, and probably equally finable in court. I'm not a lawyer, so obviously I don't know the full extent of the law. But I am fairly positive I have grounds for something, and if it has to do with replacements and warranties, then the evidence obtainable would be extraordinarly large. But then again, I'm not in the business of belittling people for no good reason, so I'm sure you've got something else to say.jmartinez1983

Well, I'm not a lawyer either, but I am a law student and I have a pretty good idea about how the system works.

First, the arbitration probably wouldn't be class wide, it would be person specific, meaning each person would have to go through arbitration first.  MS wouldn't settle because if they do, then they've opened the door to everyone else to win.  Instead they would fight a few cases, win and then you'd be left with nothing.  You could try to get the arbitration clause thrown out, but that's highly unlikely, the judge would probably have to find the terms unconscionable.  This is also unlikely because MS has good lawyers who know what will be upheld and what won't.

Second, Lawyers aren't stupid, they will only take a case if they can not only win, but also likely receive a good amount of money for their efforts.  Class actions are extraordinarily difficult and capital intensive from the start.  You'd have to find a lawyer that has a lot of money to begin with because that lawyer, or you, is going to have to front the money to make the class action suit known to ALL possible members of the class.  That means individual mailings, tv advertisments, print ads, etc.  No, posting it on this forum isn't enough.  Not only that, he will have to organize and investigate the claims of every individual member of the class to see if the same basic problems are common to all of them.  No court would allow you to just state that there's a general problem and win, you'd have to prove, with a pretty good amount of certainty, that this is a problem common to everyone, not an easy task.  

The only thing you have grounds for is complaining to MS if you feel cheated.  But that's about it.  Your warranty last for a certain period of time since you first got the system, not every time its fixed.   By all means, take it to a lawyer.  You never know with 100% certainty what will happen.  I'm just telling you what, in my non-legal opinion, will happen based on what I know of the civil law system. 

P.S. I'm pretty sure all of the classifications of "replaced", "repaired", and "refurbished" are important in federal tax liability (with parts, labor, etc). So any questioning or restructuring of that could cost them multiple millions of dollars... which might be another reason they'd take it seriously.snake3rules

your going to sue microsoft,good luck brave soul,i doubt you'll win.mlbslugger86

I'll doubt he'll find a lawyer that isn't yellow, animated and going by the name Lional Hutz to represent him. 

To the creator of this thread, not only are you a douche, but you sir.... are a super-douche, I'm talking a John Edwards level of douchism here, you know what? that's not even enough to describe your level of douchery, you took the douche-bar and used your insane level of douchliness to rocket the bar to new douche heights, way to go, Mr. Douche! (because when you're that much of a douche, they call you Mr.)Jeff_Boldt

Well, iv'e had mine since launch, and it works perfect. EVery single person i know that has one has never had a problem.

But hey, if you can find 300,000 people that have had problems, then good luck with that. 

okay I don't know why you keep saying that, but just to prove it to you, I will in fact cease posting here. I seem to be reducing my level of respect every time I do, anyway. I will say once more I feel cheated, if for no other reason that I've had to replace my console three times, and evidently from now on, I have to pay half the cost of the console to keep one for more than three months. Oh, and I swear once more, PS3 is not for me... Good day!snake3rules

Good Luck finding someone that can beat Johnny Cochran (I hear Microsoft has him freezed somewhere in the basement)gp19