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/v3-uk/news/1963816/xbox-live-hiccups-prompt-class-action-suit
07 Jan 2008, Ian Williams , V3
Three Texas residents have filed a class action lawsuit against Microsoft after suffering problems with the Xbox Live service over Christmas.
Microsoft attributed the problem to a huge influx of new gamers during the holiday period, and had offered a free Xbox Live Arcade game to all subscribers by way of apology.
However, Orlando Perez, Shannon Smith and Keith A Kay filed the suit in a US District Court in the Southern District of Texas alleging breach of contract.
The action claims that Xbox Live "crashed and prevented Plaintiffs around the world from accessing online play for several weeks" in December 2007.
"In the last three months of 2007, Microsoft sold over four million Xbox console units. This increase in console purchases led to a substantial increase in Xbox Live subscriptions," the suit continues.
"Microsoft knew [that] the increase in subscriptions would increase game-play on its servers yet failed to provide adequate access and service to Xbox Live and its subscribers."
A Microsoft spokesman said that the firm had only recently learned of the lawsuit and was "not in a position to comment at this time".
The suit claims that an "implied warranty existed between Defendant and Plaintiff regarding the Xbox Live subscription" but that the service "was not fit for the ordinary purposes for which such goods are used".
The document also claims that Microsoft "failed to exercise reasonable care or competence in communicating information regarding the nature of the services offered through Xbox Live".
The suit seeks unspecified damages including expenses associated with Xbox Live memberships as well as an award of attorney fees and costs.
Do you agree?
xbox live a major disapointment
The only reason I bought a xbox 360 is so I could play online games. I have had the system a month and 99 percent of the time
I get booted off games I wish I could just get my money back.
let me ask you this , lets say you bought a set of new tires that didnt hold air , should you just sit there and look at your tires flat on you car, or should you get you money back.
I bought the 360,4games the new best router (that they recomened) I have the best ISP
Roadrunner turbo, I bought xbox live gold for a year , and I cant even finish one game out of ten without getting lagged out what a joke. They said there is over 9 million subscribers on xbox live thats over 36 million dollars a month they receive a month for a system that sucks.
Posted by Dan Stewart, 08 Jan 2008
Its a Joke
So my 360 gets the red ring of death, i get it back just in to to not be able to recover my gamertag or get online at all. let me get in this lawsuit. XBOX LIVE sucks.
Posted by Angry Customer, 08 Jan 2008
Your a Noob
You must have a crappy connection, I play xbox live all the time almost never get booted, and I have roger internet and a wireless router... Its your problem... Not xbox live how many people are in your situation... not very many compared to the amount online... That means its your problem...
Posted by Chris, 09 Jan 2008
problem is microsoft's
Chris, you are either an idiot or you work for microsoft, or both.....
Posted by x, 09 Jan 2008
Read before you post
It's a widespread problem so don't go bashing this guy.
It's been happening to me in the last two weeks, never used to happen.
Playing COD4 having trouble getting into games or my clan's party gets disconnected randomly.
Read before you post.
Posted by Mike D., 09 Jan 2008
tecnology hiccups
I have an xbox live account and while smoetimes the live part has had some problems,I must ask that with the growing supply and demand for the system and for the live accounts.even the best of companies would be faced with some type of complcations.but over all xbox live has been ok.nothing is perfect in life every thing has a point when it brakes and must be fixed.Iam a supporter in the job that xbox live is doing.and I know it is a great resbonsibilty to hold with all the live accounts .and Ithank them for making xbox possible.I hope all youu guys problems get fixed so you may enjoy the good that xbox live has to offer not just the negitive side of things
Posted by niky, 09 Jan 2008
Not Everyone, But Most People Are Having Problems!
If you are one of the lucky few, or oblivious gamers, than hooray for you! People are having serious problems with Xbox Live and don't be a troll and heckle them for it. I have had tons of problems over Xbox Live for the last 2wks or so. Anything from friends lists, bringing up the dashboard, setting up a server, setting up a party, server hangups, etc., has been frustrating and at times nearly impossible for me! For the millions of people paying for this service MS better get it fixed quick! Xbox 360 unit sales have been selling at a pretty predictable rate, there where no surprises for MS. The excuse that, "Oh wait, there were a lot of people logging onto Xbox Live during the holidays" is absolute garbage. MS knew how many people were going to purchase 360 units and Live subscriptions but failed to take the necessary precautions. They deserve the lawsuit and I hope they get nailed! Especially after not getting nailed for shipping millions of broken units around the world.
Personally, I have gone through 5 consoles, one failure causing me to miss out on the Halo 3 beta I paid money for via Crackdown, and now I can't access the Live service with any reliability. What the heck is going on?! Does MS actually expect me to purchase their console?!! I think not!!
Posted by Kmach, 10 Jan 2008
YOU ARE THE NOOB CHRIS
Your a Noob
You must have a crappy connection, I play xbox live all the time almost never get booted, and I have roger internet and a wireless router... Its your problem... Not xbox live how many people are in your situation... not very many compared to the amount online... That means its your problem...
Posted by: Chris, 09 Jan 2008
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If it were isp connections why the hell would MS have put there hands for the problem that has been caused b4 you call some one a noob do some reasearch i think you the biggest noob to post on here
Posted by Gas, 10 Jan 2008
milking microsoft
seems they are just in it to see how much they can milk out of microsoft.
Posted by kirby, 08 Apr 2008
Goddamn Xbox 360 5th one and still not working right
I have now had 5 xbox's and this one keeps overheating. Microsoft say its not there problem as they will only repair the "ring of death" free of charge. I am absolutely disgusted that they can get away with this as I have passed my warranty date however as this console was only exchanged for me in march of last year and the warranty is 2 year out of date I feel they should help me. If anyone else has had problems could you please have your say as I feel cheated by Microsoft and Mr Bill gates with all his millions can't allow his billion pound making company to replace my broken x-box they supplied me with.
Posted by TheyKilldKenny, 16 Mar 2008