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 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.

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.

My 360 has scratched four of my (then) brand new games. Many times when I turn on my xbox I can HEAR the disc getting scratched for a split second. It doesn't matter if I remove discs before turning the 360 off either. If I put in a disc, sometimes (not all of the time) it'll scratch it. Now my most played games all have scratches around the edge. You can tell that the 360 is scratching them.

Yay for ridiculous legal system! I'm going to sue you - it's YOUR fault I'm a moron! :P

This is far from a 'frivolous' lawsuit. There have been reports for quite some time now, that the 360 with the Hitachi drive, spins the games very close to the laser pickup, and in some cases, allow contact...even without moving the console.

Do a quick search of the xbox.com forums, and you'll find a lot of people who are pissed about the warranty extension only covering the ROD. There are a lot of people who are experiencing a variety of problems not related, and are basically being left out on this (my unit will read any disc: backwards compatable game, dvd, cd, but refuse to read a 360 game!). These problems have been getting reported for some time now...they're not new, and aren't going to magically disappear.

How can I get in on this lawsuit? I have the same problem with my 360- for the SECOND TIME in barely over a year. Microsoft "fixed" it the first time. The "fix" only lasted a few months though. Now they expect me to pay $100 to have them "fix" it again.

This isn't Microsoft's fault. The part that shoots out the laser beam to read the disc does NOT come into direct contact with the disc.

I'm still waiting on $140 MS owes me from the first "extended warranty". If they're charging off more, they are having real problems.

That said, the overall numbers still present that it was probably better to do what they did than to wait like Sony. But I'm still disappointed.

frivolous?

that is what i thought at first...but there might be something to it. Have to wait and see.

sony is only 10% behind... my experiance with sony is that it wont take em too long too catch up if not pass thoes numbers

wii is selling 5 to 1 margin

Yes sony is catching up!

You realise of course, that PS3 and Wii failure rates are blow 1%, and the 360 is at 33% and climbing?

I wouldn't want to think how many console fail when Halo3 hits the streets...

There is no data for PS3 yet. Until games start to realize for the system, the PS3 is merely a space heater.

33% huh. Got any links that doesn't have "EB games employee" as the source?

Challenge accepted. YET again siryak ends up looking a fool.. When will be give up (or use a different screen name)

http://gamepolitics.com/...ailure-rate-do-the-math/

Xbox 360 Failure Rate? Do the Math

Now that Microsoft has done the right thing about the Xbox 360’s rampant hardware problems, one key question remains:

What is the failure rate for the system? MS won’t say. The Seattle Times quotes MS games boss Robbie Bach (left):

Suffice it to say that with a billion-dollar charge and the focus we’re putting on this that it’s a meaningful number.

While normal console failures are apparently in the sub-5% range, some reports have estimated that 360’s throw the red rings at a rate as high as 33%.

Here are the numbers that are known. The Times (and other sites) are reporting that MS has shipped 11.6 million Xbox 360’s to date, but the failure rate remains a mystery. The addition of a three-year warranty for the rings of death failure is expected to cost MS a cool billion dollars, so:

(11,600,000 * X) * Y = 1,000,0000,000

…where 11.6m is the number of systems shipped; X is the failure rate and Y is the total cost to MS per replaced unit. This works out to:

Y=86/X

Now, math is not especially GP’s strong suit, but if each repair (Y) costs MS $100, that translates to a staggering failure rate of 86%.

At $200, the failure rate is 43%. At $300 it’s 29%. At $400, it’s 22%

At the high end, the $400 repair cost on a 22% failure rate is very unlikely. Since that is the current system’s MSRP, why bother to repair? They could just send you a new 360 to replace your dead one.

On the other end, the 86% scenario seems pretty extreme (perhaps not if you’re one of the unfortunates who have lost multiple 360’s to the dreaded rings).

There is a lot of behind-the-scenes stuff we can’t know here. But, based on the numbers, a failure rate between 29% and 43% would not be unreasonable. So maybe those 33% reports aren’t so far off the mark, after all.

Errm, sorry there is plenty of data. The system has been out since November in the US, and 4 million are in consumers hands.

Only a idiot with even a ounce of statistics knowledge will see that this is a valid and meaningful sample, and will realise that any issues would be coming to light by now (look at all the Xbots gunning for reasons to b**** about Sony/PS3).

The 360 issues (despite Microsoft's 12 month cover-up) we well recognised by everyone else VERY shortly after the console launched.

August 2006, 30% failure rate:

http://biz.gamedaily.com...ustry/feature/?id=13636

The fact you have been spoonfed lies by Microsoft does not mean other people are not so blind. There are only isolated reports of PS3 failures, and there are plenty in use, gaming, folding, or Blu-Ray watching.

The problem is that money is being set aside to cover problems, its not necessarily going to use every cent to fix said issues and this is for over a 3 year period as well.

So you need to redo your math as it doesn't put in account over 3 years more people will be buying xbox 360's.

yea but your statement doesn't take into account that the billion is based on current sales not future sales. as well it is not necessarily going to only cost 1 billion for the repairs so it may be more, when mircosoft fesses up to the issue (which it has) it should provide failure rates, dont you think so? to let the customers affected by this they are by far not alone. regardless of what the number actually is, the industry standard for consoles is less than 5% and the 360s is higher, so from a hardware reliabilty standpoint the system fails

Hey, i heard the 360 just got another exclusive...Lord of the Rings. PS3 and Wii aren't ever going to get that. ;)

Only a idiot, huh...

Bub-bye, credibility.

Ah, stats from the two people that pull numbers out of their hats.

"but the failure rate remains a mystery."

I rest my case. "YET again siryak ends up looking a fool.." Really? Show me where I did the first time. I only recall you looking like a fool repeatedly. Also if you think what you posted makes me look like a fool you might want to think again. It did just the opposite. Nice try though. I didn't expect more from you.

http://en.wikipedia.org/...tatistical_significance

The warranty period is covered for up to three years, so if a new console is bought and still has the same problem so long as its within the 3 year period they will cover it as well.

You don't need a reason to hate ps3 because I'll bet (just like their other devices) when the ps3 is used as a game machine AND a blu-ray player it will burn out faster.

Plus in games its severely lacking, Live is still much better then what Sony is offering (even if its free, you can see why its free) From a graphics standpoint, there is currently nothing the ps3 does better then xbox360, yet.

It has the potential but has yet to come to past. MGS4 (which has almost been confirmed by Konami that it may hit xbox360 as his wording is very interesting) and FF13 wont be out for another 9 months.

They are banking on these titles bringing in more, maybe its just me but 9 months is a long time and if no one buys a ps3 because this is the only big thing they got left, ps3 might go the way of dreamcast.

thats not what i was saying. the cash set aside is based on repairs needed for already sold consoles so in theory they have to set aside additonal funds on top of the 1 billion to pay for repair cost for each new console sold.

Nice stats, but it doesn't take into consideration the following:

1. Reimbursements for those repairs already made
2. If they now have a solid repair method, then some units that have already been repaired (and thus owners being reimbursed) could be coming back in for a 2nd and hopefully final repair.

And the 1 billion is purely an estimate. Who knows what the actual cost will be.

Who knows for sure?

Maybe the cash is set aside for future considerations as well?

Or, they have a resolution to the problem and expect to reduce future repairs to a more standard rate of failure.

ahh i can just imagine

"stupid GOW start already!!! F$%#%!!*takes the 360 and shakes it*

'work damnit," *takes out the now scratched disk*

Mom the laser scratched my disk! Sue Microsoft!

ahhh lol

no kidding

http://img236.imageshack...6/9108/vgachartzkz2.jpg

Keep wishing.

Fox news in the US reported the 360 failure rate to be 2.5 million consoles...

Keep dreaming it's not happening.. There are stats that show the mortatility rate to be 100% within 3 years.

What point of MS is fixing the problems are you clueless to notice. I would rather have a repaired 360 then a PS3 with no good games to play. And yes I have a PS3 and nothing to play other than Q-bert and Stardust and those get boring quickly.

You are blind to the truth that repairs are being made. You also seem to forget the mountain of issues that SOny has had in the past. For God sakes get over yourself already.

Nice way of making stuff up about the 100%.

The bottom line is you are crying in your soup that MS is actually doing something about the failures something that Sony wouldn't do. I replaced my PS2 at least two times maybe three and Sony offered nothing.

i almost fell out of my chair laughing!

Yes, he is a joke.

sony is only 10% behind... my experiance with sony is that it wont take em too long too catch up if not pass thoes numbers

You realise of course, that PS3 and Wii failure rates are blow 1%, and the 360 is at 33% and climbing?

I wouldn't want to think how many console fail when Halo3 hits the streets...

If Microsoft has an effective fix for the 360 problems:

a) it would have happened along time ago,
b) you wouln't be seeing consoles faling multiple times.

Unfortunatly, this is not the case. Consoles are coming back from repair, faling again, alot of the time, within weeks. The CPU Epoxy fix did not work, the added extra heatsink looks like it's not working, I doubt the increase of fan speeds will work either..

what makes you think halo3 is going to make things worse ?

ps3 is below 1%... atleast thats what they will admit... the few friend i have that bought a ps3 are in the 1%.. and climbing.

honestly every problem i have had with xbox or xbox360 was fixed at a vary satisfiing pace.

sony on the other had, when ever i have had problems with their PS's ps2's or home entertainment electronics ... well they told me to go fly a kit...

so what it comes down too it who will provied good support for their products. in that case sony sucks, and MS have been great. unless you a ahole too em, then you will probably get what you deserve

The 65nm chip will likely fix all of the problems because it will kick out significantly less heat. Also they are not increasing the fan speed. They are adding a second heatsink to help pull the air out of the case.

Maybe this is why MS waited until now to state the 3 year warranty?

They aren't going to extend a warranty to fix something that they can't actually fix - it will cost them a lot more if they are fixing it multiple times.

Yeah, let me know when Sony fixes the skipping issue on their slim-line ps2.

Also, let me know when the disk read errors will stop as people are still reporting them happening.

They believe the new 65 nm will resolve most of these issues which is currently in testing and set to deploy in the fall.

no, those numbers are way too low. If reports of the 30%+ failure rate are true, the number of 360's failing is around 3.6 million!

~12 million sold * 30% = 3.6 million

it appears they have no way of repairing them as companies are turning them away.

http://www.gamesindustry...tent_page.php?aid=26211

And now we start hearing of scratched and warped disks.

Wow, how did they f up so badly? My guess is chairs are flying big time in Redmond.

You are starting to sound like a broken record. We understand you are are a Sony troll along with several others. Post after post the same crap.

Because he's a troll and thinks he can see into the future. He tends to forget all of Sony's major issues of the past too.

Kind of like the way Sony nevr fixed the PS2 from failures.

They won't talk about that everyone seems to love to hate Microsoft. Europe is included in that. They hate Windows but for the most part all us it.

You fall for their crap to easily.

not sure you are reading too closely.

"The individual's claim is that the laser used to read the discs causes permanent damage to them, and that the documentation included with the system does not advise against moving the Xbox 360 while it is turned on."

I wish whoever the judge handling this case throw it out. I thought we are in the age of information. People are suppose to be smarter. From this and recent events, I don't don't find the movie Idiocracy funny any more.

Why take responsibility for your own actions when you can sue someone instead!

Maybe the PS3 fanboys will start a lawsuit aainst Sony since they spent $600 for a system and there are no good games for it so it sits there. I am not very happy since mine sits there because of the lack of quality anything for the PS3. Well I take that part of the way back since I do play Stradust and Q-bert. Those are truly milestones in gaming.

Didn't the fanboys say Blu-Ray first, games second?

Lol ofcourse they are. Especially since all of Sony's good exclusives are jumping ship.

http://e3.gamespot.com/s...;tag=latestnews;title;0
Kitaue no doubt would like a cheaper PS3 in order to spike sales of the machine and have a larger installed user base in place for Konami's highly anticipated PS3 exclusive Metal Gear Solid 4: Guns of the Patriots. However, the executive said Konami might have to bring the series to non-Sony systems in order to make its development money back.

Woops....there goes another one!

Bad news is, disc scratching is only covered by 90 day warranty...

The 3yr warranty only covers "General Hardware Failure" (AKA Red Ring Of Death).

Unlucky...

That is a 1 year warranty. Why don't you do a little research before you start spouting your BS.

Waiting for the PS3 trollers to come in.

By the way I have about 25 games for my 360 and none of them are even lightly scratched. Maybe some common sense is the problem here.

Perhaps it is a problem with lack of common sense. That's why so many Xbox owners are suffering from the problem..

There is already a European investigation into Microsoft regarding the covering up of this issue, this lawsuit is unlikely to help matters..

It's one of those "I told you so" situations, I knew I wasn't the only one who was getting burnt discs, even with the "new and improved" heatsink.

How interesting - I had to replace one of my son's games because it was scratched in the way described by this article - it never occurred to me that it could have been caused by the xBox.

Unfortunately, I had to send the disk back and pay $20 to get a replacement so I don't even have the evidence anymore.

I bought an X-Box 360 Elite 2 days ago and also bought Gears Of War at the same time. Played the game for 6hrs that night and then tried to play the game the next day. The disc could not be read and so i took it out. Nice circular burn on the disc toward the outer edge. Luckily the store replaced the disc for free as it had only been like 10hrs. I question is how many times will they replace it.

My question is how long it will take you to return the XboX for one that isn't malfunctioning...

is it even possible?

It is if your not a fanboy.

Yes, if the Xbox is truly the cause and its not from someone moving the console when its running, then its a problem MS should and would fix.

but then you most likely will get one that turns into a brick and have to send that one back too.

but then you most likely will get a fanboy to respond.

The biggest issue I see, that I have witness multiple times is that the disc is still spinning even after it's ejected, and it can be scratched by it's holders surface, that's why the drive lifts it off of that.

Not only that, persistent heat problems (even with the new heatpipe cooler) have been known to warp discs and render them useless.

Microsoft, give us 65nm and a redesigned drive before you give any price cut, let alone ship one more unit to a store that is destined to be problematic.

/\
Not a fanboy.

they are also re-designing the motherboard

Why do you care? You have a Wii.

I've witnessed the spinning disc issue on damn near every CD-ROM /DVD-ROM drive I've ever owned. If you open the tray immediately, or shortly after accessing data (while it's spinning), it's still spinning when opened.

This alone should *never* be enough to cause scratches on a CD unless the surface is made of *really* shabby material. (not saying that it couldn't be the case here)

I have never heard of a cd warping if that is even possible.

cd's are plastic. Plastic + heat can equal warping

This must be a specific drive, because I have a Hitachi and it is never spinning whenever I eject it. Whenever I push eject it will have a few second delay before it ejects while it lets the disc spin down. It has also never scratched a disc.

I understand that I don't see how it would be possible to warp a disk in a drive. Your car will get hotter than the drive on a system and disks don't warp so I don't believe this claim.

Why do you care that he cares? Maybe he's thinking of getting one.... Duh?!? Not everyone is a fanboy.

"the documentation included with the system does not advise against moving the Xbox 360 while it is turned on."

Why would you do that anyway? Its common sense, to NOT do things like that. Moron.

kind of like that lawsuit against Mc Donald's for someone getting burned because they put their coffee cup between their legs and it spilled.

I guess they need to put warnings on the system to not hold the console upside down and shake violently while playing games

No it is not. It is the same as if you would buy a new car and when you turn on the wipers your windshield would render itself useless and full of scratches.

Who, exactly, are you talking to?

The dude who shook his XboX while it was on.

This is the same type of person that needs a label on his hair-dryer telling him it's not safe to use in the friggin' shower.

Take the labels off. Darwin will take care of the problem.

No, it's more like buying a honda civic and complaining that the alignment was off after taking it off-roading.

Ya know, stuff most of us take for granted as common sense.

OMFG, thats the best idea ever.

If you knew all the facts behind that McDonald's lawsuit, you would likely feel differently and even not compare the two situations. Like you and most others, and until I learned *all* the facts surrounding the infamous coffee spill, I also disparaged the lawsuit. In sum, it was far from a frivolous lawsuit and McDonald's was more than liable. And, that's why the case was won by the plaintiff.

yep, because we all know it is never _our_ responsibility, it has to be someone elses. Coffee is hot, suprise, suprise, suprise.

"...optimum temperature range of 195 to 205°F as recommended by the Coffee Brewing Institute of the Pan-American Coffee Bureau and the Norwegian Coffee Brewing Institute"

http://www.chefschoice.com/page2g_brew.html

Yes, it is a hot beverage, and silly Mc D's for not putting a huge warning on the cup saying, this is hot. Coffee is hot. Drink at your own risk.

If you are dumb enough to take the lid off of it and hold it between your legs, in a car no less, well, that is clearly Mc Donalds fault.

Maybe to ModderXManiac.

sounds fishy

And what do fish sound like?

It's meant to be "Smells fishy".

Go get ejoomakated.

Don't get out of the parents basement much, eh?

google "sounds fishy" and see what you find...