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Microsoft May Face Disc-Scratching Class-Action Lawsuit Empty
PostSubject: Microsoft May Face Disc-Scratching Class-Action Lawsuit   Microsoft May Face Disc-Scratching Class-Action Lawsuit EmptyTue Jul 21, 2015 11:28 am

Microsoft may be on the verge of a class-action lawsuit following a recurring claim that an Xbox 360 defect gouges discs.

As Arstechnica reports, a decision was made by the 9th US Circuit Court of Appeals on Monday that says Microsoft should either face litigation regarding the claims or face a Supreme Court showdown.

Throughout the lifespan of the Xbox 360, Microsoft maintained that scratched discs were the result of consumer misuse, most of which were caused by customers moving the console with a disc in the tray. That said, if it was a Microsoft-published game, customers did have the option of getting the disc replaced for free.

One of the arguments put forth draws on the case of Kenneth Gable and Brian Wolin vs Land Rover. Both Gable and Wolin purchased Land Rover’s LR3 vehicles, which allegedly suffered from an alignment geometry defect that causes the tires to wear out prematurely.

In the case of Gable/Wolin, the class-action was eventually dropped. As for the scratched disc lawsuit, the plan was to enforce the Gable/Wolin ruling, thus ending the class-action. Judge Martinez, however, doesn’t think the two cases are similar enough make the same ruling.

“Judge Martinez concluded that the presumption had not been rebutted because the Gable/Wolin Land Rover litigation was distinguishable from the scratched disc litigation,” reads the court document.

The class-action against Microsoft aims to establish whether disc scratches were made due to consumer misuse, or because the Xbox 360 suffered a design flaw.

“[…] although individual factors may affect the timing and extent of the disc scratching, they do not affect whether the Xboxes were sold with a defective disc system. Plaintiffs contend that (1) whether the Xbox is defectively designed and (2) whether such design defect breaches an express or an implied warranty are both issues capable of common proof.”

In an earlier court document, the suit claims that Microsoft saw some 55,000 complaints regarding disc scratching.

“As of April 30, 2008, Microsoft Manager Douglas Park estimates that Microsoft’s customer service department has received approximately 55,000 complaints from consumers regarding disc scratches.”

We’ll keep you updated as this story unfolds. In the meantime, why not relive one man’s misfortune as he spent over $1,500 on an Xbox 360 at launch only to have it not work.
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