Dead Xbox 360 - Should I have to pay?

**Adamallica** · Joined: 12 Sep 2006 Posts: 154 Location: Santa Ana, CA

I've had my Xbox since June, so the 4 month warranty has expired...

But, here's what I don't think is right....

They released the fall update at the beginning of last month which I downloaded probably a few days later. I then played the hell out of Gears of War for a while until I got the VGA cable (to play in 1080p) right around the time I got the Wii. So, I haven't played Xbox very much lately.... Then, I turn it on a couple nights ago and it freezes after about 10 minutes. I turn it on again - freezes in about 2 minutes. I try the next day, and three beautiful red lights come on and the thing is bricked...

So, I go on the xbox forums and see that there's a thread about this with over 2000 (2000!) posts from people saying they have the same problem. Even though it's a widespread problem that has been attributed to using the 1080p setting after the fall update (wasn't available before that), Microsoft is charging everyone $140 to fix the problem. The money's not a huge issue, but it is clearly a mistake made by Microsoft - I don't think they have the right to charge people for something that they released. The support people told me since the update was not mandatory, I agreed to the terms, and downloaded it on my own accord, it's not Microsoft's fault. NOT MANDATORY?! If you don't download the update, you can't connect to Xbox Live... I've already paid for my subscription, so I don't see the "not being mandatory" things....

Anyway, a class action lawsuit has been filed. I'm not going to join it because, luckily, I bought my console at Costco, so I can exchange it...(even though I lose all my saves!!) I realize it's not super wide-spread (supposedly 1% of consoles were affected), but still, that's a lot of people screwed by Microsoft, not themselves.....And yes, electronics fail.....but come on....

What do you guys think about this?
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**wuLFe** · Joined: 18 Aug 2006 Posts: 2679 Location: Richmond, IN

Personally, I think M$ should have to suck it up on this if people can prove that it was their update which caused the problem...

Motor manufacturers have safety recalls when things become an issue, but I've never heard of a console recall, and if they're releasing buggy updates which are bricking consoles, then they should have to make it right...

Then again, it's M$ so what do you expect. I think they should have fixed all the launch consoles which broke down a few months after warranty for free as well, but we all know that never happened

**BigE** · Joined: 06 Apr 2006 Posts: 1233 Location: New Jersey

you got a link about this class action lawsuit? i'm interested in this (obviously as i'm a law student)

a LOT of it will be based on the language of the "terms". There are a ton of cases about ppl accepting terms without fully understanding them (mainly involving gateway, dell, HP, etc.)....sometimes they lose, sometimes they win.

Also...it isn't "mandatory." X-Box Live is not Mandatory to play an x-box...therefore the update wasn't mandatory.

depending on how the pre-trial goes i can think of a few things: A) the case will be dismissed - VERY tough going up against the corporate lawyers of microsoft unless you got some resources and a great lawyer team yourself....a loophole will probably be found. or B) settlement - a good possibility if the Class Action has a good case
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**DevilMayAsian** · Joined: 09 Oct 2006 Posts: 1380

Nintendo had the balls to recall 3.2 million straps. And Microsoft won't recalls their consoles...why?

ahem. And this is part of the reason why I don't care for Microsoft.
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**Squirrel** · Posted: Fri Dec 15, 2006 9:18 pm Post subject:

**DevilMayAsian** · Joined: 09 Oct 2006 Posts: 1380

I'm not exactly sure....something to do about brinking, which I still don't understand what that is. If I had to guess, the system crashed.
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**Adamallica** · Joined: 12 Sep 2006 Posts: 154 Location: Santa Ana, CA

Here's the link to the lawsuit:
http://www.lawyersandsettlements.com/case/defective_xbox_360

You can also go on the forums at xbox.com and see the thread about it....

I don't think they'll win the case, though....because there's probably no way to prove the update caused it....Microsoft did, in fact, fix problems for free that were directly caused by the update - so this might be tough.

But, I'm lucky because I'm taking it back to Costco tonight.....gotta love Costco and their return policies....
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**QuistixXx** · Joined: 13 Jun 2006 Posts: 89

**Tahmer** · Posted: Mon Dec 18, 2006 3:11 am Post subject:

i read the topic post, and Yea. that same thing happened to me about 4-5 months ago. what happened is i was playing it the night before and it was working fine. then i woke up the next day and it played fine till i loaded up the Dead Rising Demo and it froze. i was like "wtf" and every attempt thereafter it froze sooner and sooner untill it froze right at the logo screen everytime. so i called 1800myxbox and talked to the people. they had no idea, but said i could replace it for $129 since it was outta warrenty. i'm like shit, but luckly my step dad came up with the money. got it completely replaced.
Then about 2 months later i get some mail. and i never get mail so i'm like "wtf" and i open it. and there is a letter with a check attached. it went something like this "dear xbox replacement customer, we have recently checked your stuff over and you did qualify for a full warrenty repair (which i didn't) so attached is a check to Reimburse you for it" i have NO idea why i got said check, i have a feeling it was due to it happening to a ton of people. all i can say is i was happy.
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One Billion Sqwares Served.

**Adamallica** · Joined: 12 Sep 2006 Posts: 154 Location: Santa Ana, CA

Just an update....

Microsoft has now changed their warranty to 1 year and anybody that has paid for service within that year will get a refund. I knew they wouldn't just let this go.....
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**Genga** · Joined: 19 Apr 2006 Posts: 2474 Location: Glasgow, Scotland

**Tahmer** · Posted: Sat Dec 30, 2006 12:06 am Post subject: