This topic is locked from further discussion.
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?This has to be a April 1 joke post. During your investigation into microsoft's record keeping your discovered blah blah blah. What you really mean is after talking with a minimum wage call center loser you think you know everything about the repair process.
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
[QUOTE="jmartinez1983"][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.snake3rules
Â
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. Â
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.Â
I wish you'd said that from the start. That's a meaningful response, even if its damning. I honestly do think I'm cheated, so some honest answers or reponses are appreciated. I don't really understand why people have to be like this on forums, and I'm sorry if I offended you, but I'm glad you gave me a real response and stopped with the BS.I honestly think your a nutcase for thinking you can get them.
Please Log In to post.
Log in to comment