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Defective Xbox 360s prompt lawsuit

Chicago man sues Microsoft for overheating design flaw; class-action suit seeks damages, replacement consoles.

The Xbox 360 is definitely one of the hottest items this holiday season. Unfortunately for Microsoft, the console may be "the hottest" in more than one sense of the word. With the launch of the sophisticated piece of electronics came the inevitable reports of defective units, the main complaint being overheating.

However, because of the system's price and scarcity, replacing problematic 360s isn't as easy as exchanging a sweater that's the wrong size. Much of the praise for the machine has been drowned out by those with defective Xbox 360s who have been very vocal about their problems and are in search of some answers from Microsoft.

One man has even gone so far as to take the software and hardware giant to court. Robert Byers, from Chicago, Illinois, says his Xbox 360 and its larger-than-usual power supply overheat and cause the system to shut down. Byers believes that Microsoft did not properly test their systems in a rush to get the console out before its competitors released their consoles. The suit is seeking unspecified damages, attorney expenses, and replacements or a recall of Xbox 360s.

Microsoft has stated that approximately 3 percent of Xbox 360s will encounter some form of technical problem, but adds that the number is lower than normal for retail electronics.

When asked about the suit, a Microsoft rep told GameSpot, "We are looking into this, but Microsoft doesn't comment on pending legal matters."

269 Comments

  • 1relyt

    Posted Jun 27, 2009 11:30 pm GMT

    lol, more like 3 percent wont have technical issues

  • deadlynatas

    Posted Apr 19, 2008 3:04 am GMT

    i think its bs i had to take my xbox back to microsoft.

  • skitchrick

    Posted Mar 29, 2007 10:56 am GMT

    How about the way it ruins game disks? I'd join that class action lawsuit. I've bought Oblivion twice now and it's scratching my new one too... without ever moving the console.

  • funkchild75

    Posted Dec 22, 2005 3:35 pm GMT

    Don't we all remember what happened with windows '95???

  • funkchild75

    Posted Dec 22, 2005 3:33 pm GMT

    That's what people get for being so darn fast...

  • frogiggy323

    Posted Dec 19, 2005 3:42 pm GMT

    They rushed the system out too fast. They we're basically the last system to be released and we're the first to bring it back on the market.

    I would rather wait to buy a system that works and doesn't burn out, than to have a ticking high definition time bomb!!!

  • marcus1060

    Posted Dec 19, 2005 2:38 pm GMT

    I thought it was pretty obvious something like this would happen. It is Microsoft!

  • fallendamnation

    Posted Dec 19, 2005 2:37 pm GMT

    which is why i didnt buy a 360 because the first units were rushed out the door

  • SaintPeter33

    Posted Dec 19, 2005 2:27 pm GMT

    my friend bought 1, next day it died

  • Drakonis39

    Posted Dec 19, 2005 11:22 am GMT

    Alright, I've been reading all the comments and the actual report. This is really nothing to be shocked at and if you are, you really might want to think of finishing elementary school. Look at how many things have flaws in it even after the best preparations and tests. Enough with the fanboyisms as well, PS3 will have problems as have all of Sony's previous console releases. It happens because they can't make sure 100% that ALL consoles are fine. In fact, PS2 is the worst for it with a 33% defect rate. Looking at that, I think 3% is survivable. People just need to learn to roll with the punches. Bad things happen sure, but why go to a lawsuit? Send it in, get it back, play again. This is only going to piss MS off as well as cause others to have to wait while MS has to do PR work and other such things. This guy is a tool for suing MS and tossing his own money out the window when there really isn't any chance he can win. The corporation has done nothing wrong and in fact is trying their damndest to get the defected ones replaced. All people who agree with this dude really need to look at the world a little closer. There's some $3000 T.V's that are defective and people don't go suing those guys do they? Nuff said.

  • Drakonis39

    Posted Dec 19, 2005 11:17 am GMT

    [This message was deleted at the request of the original poster]

  • KrimsonTwilight

    Posted Dec 19, 2005 10:23 am GMT

    I personally know many people with the 360. and about half of theirs are either dead or dieing. So I do not believe the 3% estimate to be true.

  • macmaster1

    Posted Dec 19, 2005 9:43 am GMT

    I'd be angry too if i just finished paying a crap load of money for a defective console.

  • ShadowCruiser2K

    Posted Dec 19, 2005 7:36 am GMT

    Gilhelm, you can't compare even the PSX to the XBox 360 and demand that it be bug free. That's like comparing a chinese guy pulling a cart around to a jet engine. The XBox 360 is a complex unit. You HAVE to expect problems. Yes, they should work them out ahead. But in a larger sense, the gamer community is the easiest way to find problems.

  • gdiza

    Posted Dec 19, 2005 12:52 am GMT

    Granted, there is problems with any type of computer hardware, but I think that the xbox will have more problems than usual because they rushed to get this product out!

    shame on you MS!
    nothing like putting more effort into your products, I mean, just look at microsoft's software like windows... Service packs after service packs... you can't release service packs for hardware... *shakes head*

  • Dude002

    Posted Dec 18, 2005 11:20 pm GMT

    They better fix the problem by the time I buy it!

  • jasonpwilson1

    Posted Dec 18, 2005 10:31 pm GMT

    My friends and I all got a Xbox 360 and all 6 work just fine. Not one problem and we play them all the time. 3% is very good for a new system, When my brother and I got our PSPs on lunch day mine had giant bubbles in the center of my plasma screen and his shot its game disk half across the room, "Now that sucked"! I think it is just a small minority that got messed up Xbox 360s, Again 3% is very good considering, every other systems launch since they changed to more complicated technology (Playstation 1).

  • placebo_efect

    Posted Dec 18, 2005 10:08 pm GMT

    yes i will admit i am being pretty biased but anyway the last generation of consoles all seemed to have so many poblems when they came out except for nintendo....maybe its just me but all their products seem to have an extremely low rate of problems and thats just my 5 cents

  • Narasil

    Posted Dec 18, 2005 3:14 pm GMT

    lol never buy a next gen consol until you hear other people's input... hahahha!

  • Beyorkin

    Posted Dec 18, 2005 10:30 am GMT

    Argument...
    1. It's only 3% (or any other %)
    2. You can't expect 1st-gen to be perfect
    3. Don't buy at release

    Triple Response...

    If companies began releasing defective games for any system, hell would arise in the form of angry posters on this message board. Consumers expect console game releases to be bug-free on release day. Why are there different standards for consoles themselves? 1st-gen leniency? Why? A company promised a product and delivered half. Every person here would be upset if their favourite game arrived after a 6-month wait on the preorder list and crashed everytime they completed the fourth level. Consumers would demand replacements immediately. They paid, putting their money blindly into the pockets of established producers, and deserve top-tier service. It's like ordering from a drive-thru and being told that they didn't have time to kill a real chicken for your sandwich, so your bun's been topped with an assortment of fish-eyes, wood shavings, and other undesirables.

    Consumers demand 100% satisfaction from their 1st-gen games on day 1.
    Consumers should demand 100% satisfaction from their 1st-gen consoles on day 1.
    - Not 97% satisfaction
    - Not 2nd-, 3rd-, or 4th-gen
    - Not on day 120

  • SirSidddy

    Posted Dec 18, 2005 10:05 am GMT

    Knew it was a wise desicion to wait for the PS3 The 360 totaly sucks

  • gilhelm

    Posted Dec 18, 2005 9:17 am GMT

    The mere fact that this forum exists suggests that SOMETHING is going on. Microsoft isn't the new kid on the console block anymore and they need to stop acting like it. It's MICROSOFT! How long have they been making hardware and software? I'm sorry...but there should be NO problems with 360. Its bad enough that people hay have to wait until MARCH to get theirs....now they may not even get a working one. Bravo Microsoft. Oh yea, by the way.....can someone please sight the "problems" that every other console has had. I'm sorry, I don't recall my Sega Genesis killing my sister and as far as I can tell my NES isn't an arsonist. Even my ill-fated, battery operated Virtual Boy works like a charm almost 10 years later. I'm 21 and (at the risk of sounding old) I remember when consoles came out of the box without problems AND......AND! came with a FULL VERSION GAME. GASP! "Now hold on a second Gilhelm....those are catridge based systems!" Right you are concerned reader but do you recall the FIRST Sony Playstation? I have yet to have a single problem with it even after droping it numerous times and suriving a flood. I've bought everything ON LAUCH DAY since Dreamcast. Oh yea....and its still kicking....problem free....and it still ROCKS!

    Maybe the Japanese are the smart ones here. Waiting for a nintendo or sony system to come out instead of wasting money on this hype-driven, over-heating non-existent figment of my imagination. Get with it Micorsoft.

  • acekicka

    Posted Dec 18, 2005 9:16 am GMT

    Seriously though, all the systems are gonna have glitches its just nature , they're the first systems of their generation to come out so it is to be expected, learn the lesson (dont buy launch consoles) and move on.

  • acekicka

    Posted Dec 18, 2005 9:11 am GMT

    I want one so I can complain!

  • DieHardTWB

    Posted Dec 18, 2005 7:46 am GMT

    Mines in their repair shop right now. I wonder if they'll actually be able to fix it, or is it's a impossible design flaw and the 360 needs to go back into the lab.

  • BigPimpn

    Posted Dec 18, 2005 6:23 am GMT

    This problem is the main reason why I held out on buying the Xbox 360 upon its release. The other was the retail stores would be so crowded, wasting my time just to get a console system. In many ways, it would be a loose-loose deal, especially if the Xbox is defective. That's why I 'm standing back and letting everything pass before getting mine. I will get an Xbox 360 eventually, but until that time, I'm hoping to get a PSP for the holidays - that's an impressive system.

  • gdogghenrikson

    Posted Dec 18, 2005 3:17 am GMT

    Glad I dont own one!

  • topraman517

    Posted Dec 17, 2005 11:43 pm GMT

    Hey, man, don't mess with the big MS! They gonna put a bust in yo @$$!(I'm so gangsta). But seriously, I think the lawsuit will cause Microsoft to take action(a trade-in, perhaps). It's no big loss, even if MS's game console division isn't doing so well. Like every company Microsoft(yes, even them) cares about it's reputation. Even if they have a monopoly over computer operating systems. And probably take over the government with robots if they really wanted to.

    And seriously, DON'T buy a console at launch. Especially if its the first of a new generation. My suggestion is to wait for all three consoles to have launched, THEN take your pick. Who knows, the new Nintendo may indeed be a revolution. In other words, don't be a fanboy. Be smart, be sensible, and be open minded, and you'll get the most out of the HD era of consoles.

  • biosc1

    Posted Dec 17, 2005 10:51 pm GMT

    ^^erm...being a math nerd, I'll point out that you meant to say 12.5%

  • eyet00th

    Posted Dec 17, 2005 5:11 pm GMT

    Went to return mine two days ago; shut down from overheating. The Gamestop I purchased it from said I was the 5th to return out of 40 Pre-orders. That's a 20% defect just from one store! Yuck.

  • yaba

    Posted Dec 17, 2005 4:00 pm GMT

    most of the XP problems are fixed? Who told you that? Microsoft didn't even start to kick out patches for the huge glitches for at least a year. Even after that XP is still full of HUGE security holes that open sorce free OSs like Linux lack. Microsoft has had a long long history almost as long as the company has been around of them slacking off in quality control. That is the truth say what you will. And it is understood that both sony and nintendo will most likely have a batch of glitches of their own.

  • mttz1

    Posted Dec 17, 2005 3:46 pm GMT

    You cant expect every new technology to be perfect or even close to perfect. When the PS2 came out it had the same sort of problems. instead of suing Microsoft that guy should help come up with solutions to the problem. Ms will fix it. When XP came out it had a ton of probluems and most of them are fixed.

  • yaba

    Posted Dec 17, 2005 3:45 pm GMT

    Ha Microsoft pushes a overpromised and under produced item yet again. For all of you people out there saying that these things happen, if Nvidia or ATI released something that overheated like the 360 does, they would be all over the attempt to fix the problem. Not just saying "too little to care."

  • SHAZ101

    Posted Dec 17, 2005 2:18 pm GMT

    It's just plain stupid that Microsoft rushed to release them without inspecting every nook and crany. If I were to pay $400 for a system that has been waited for for years, I expect it to work. Hopefully the PS3 or REV will work properly.

  • Truewiseblade

    Posted Dec 17, 2005 2:06 pm GMT

    Microsoft deserve to be taken down a peg. A console launch is the first and most important impression that gamers are going to get of a console and they should be punished if they arent treating the people who keep them IN BUSINESS properly. "launch titles always have problems" is just an excuse.

  • usdbhfoaegbohae

    Posted Dec 17, 2005 12:35 pm GMT

    Man do you guys not understand percentages?

    "oh i agree with 3% because i left mine on since release"

    "oh that 3% must be true because my friend has had it and it hasnt broken yet"

    tards

    furthermore, i dont care if every console ever made has had technical bugs 1st week it came out, that doesnt make it all right. Do you think that microsoft, probably the largest and most powerful company in the world cannot create something without scewing up? Sure, some will have bugs but from what I hear these problems is happening to alot of people, and microsoft should be obligated to create something that doesnt f_uck up 30 days after release. saying crap like "what do you expect with first batch consoles" is just giving all these hardware companies reason to just flake out in having proper testing. I mean, if the public people all thinks that a company cant create an electronic without problems then what will enforce companies to even care about testing their systems? Its like the whole gasoline price thing. As soon as some guy on CNN says something like "because of some flood in africa, gasoline prices might go up!", sure enough a few days later gas prices go up and why? because some guy from CNN said it might happen, so no one questions the reasoning.

    Microsoft has an obligation to the people, and they should be held to it. especially for something that costs 400$.

  • mastericey

    Posted Dec 17, 2005 8:55 am GMT

    Even if I dont have an Xbox 360, I would think that this would be just another problem those 'smart' guys in Microsoft to solve with there 'big brains' that they have. Note the sarcasm. And dont you think this will happen to the PS3?

  • helluvagood

    Posted Dec 17, 2005 4:13 am GMT

    lol so manmy ppls broken

  • starfoxmcleoud

    Posted Dec 16, 2005 11:44 pm GMT

    As they say in the Marines, Prior Proper Planning Prevents Piss Poor Peformance. And in this case, the peformance is poor and the consumers are pissed!

  • woparker

    Posted Dec 16, 2005 6:22 pm GMT

    microsoft customer service is a joke. i sent my system off on 11/29 and i just got it back today. they say they lost it or had no record of it at all. i am so disgusted with the its ridiculous. and get this sent replaced my system with a core when i bought premium package. now they say they have to look into it. i asked them to just ship me a hard drive but they said they had to look into it first. its friday which means it wont get looked into until monday. do you really think after all this i want to ship my system off again?

  • MikeDecz

    Posted Dec 16, 2005 3:33 pm GMT

    Man, I just don't feel for Microsoft at all. You release a product, its gotta work! How do we know that the Microsloth PR department isn't being lazy with the truth by releasing the 3% quote? What if it's more? Has anyone not had a problem? How do we get the actual number of defects?

  • Chrismudge1

    Posted Dec 16, 2005 3:02 pm GMT

    with any gaming system, in the first few months after being released there will be problems and glitches because they are new, after several months all the systems being put into circulation should be good, microsoft just needs feedback from owners so they can fix anything thats wrong with future systems.

  • God_ofthunder

    Posted Dec 16, 2005 2:34 pm GMT

    Looks like X-box gana go out like the Dreamcast... Too bad.

  • cmossweed

    Posted Dec 16, 2005 2:23 pm GMT

    I would have to agree with the 3% numbers, I have left mine on almost since release, without a second thought.

  • dmdavenport

    Posted Dec 16, 2005 10:57 am GMT

    I am lucky enough to have a 360 and have had no problems. BUT - be sure to read the manual and follow the recommendations on allowing proper ventilation for the power supply and the player. Also, it is probably not a good idea to stand the player on end, as this increases the chances fo scratching a disk. The 360 is far superior to the original xbox, and I am very satisfied with it.

  • MegamanX97

    Posted Dec 16, 2005 8:53 am GMT

    i went through 2 ps2's sony replaced them for free so i couldn't complain there. one ate my need for speed and the drive wouldnt open. second one died in the middle of san'andreas and the consol was 6 months old. i waited a year after launch to get my ps2 but i guess it still had its glitches. Don't get me wrong i love xbox and ps2 but crap happends its a part of life, 360 will have it problems you just need to pray your not one of the unlucky kids opening your xbox 360 on christmas morning to have that priceless smile come off your face when your 360 fries haha

  • rl_41

    Posted Dec 16, 2005 7:15 am GMT

    oh well the first batch always has glitches. wait a little while for new shipments, microsoft will get rid of most of the bugs, i say most because getting rid of all of them is impossible. i think ps3 will probably have some problems if sony rushes like they are to make it, otherwise theyve had much more time than microsoft to perfect.

  • clsnbrdr616

    Posted Dec 16, 2005 1:11 am GMT

    I heard a rumor that the original design of the 360 was to have a water cooler system. Not sure if it is true, but it probably would help.

  • etbny22

    Posted Dec 15, 2005 7:47 pm GMT

    All you sony fan boys should just shut up. If your not interrested in the 360 then why are you always in there forums, go post in the PS3 forum. I cant wait until the PS3 comes out and all us who have 360's are laughing at you guys for waiting for a system that will be far behind in gaming. Just like the 360's launch lineup was lack luster so will the PS3's, when a console first comes out developers dont know how to use the system fully and with sony not even having a system for developers to test yet they cant really use its full power yet. I'll just sit back playing my 360 while all you idiots who bought a PS3 are complaing about the lack luster of games and the bugs in the system, becasue no matter how much sony tests and prepares there will always be bugs in hardware when it is first released.

  • orvenguy

    Posted Dec 15, 2005 4:07 pm GMT

    These OVERHEATING issues is just one way of saying you guys should kearn not to buy first batch electronic equipment...

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