Home > Investigations > Defective Xbox 360 - Defective Product Class Action Lawsuit
Defective Xbox 360
December 6 2005
A defective product class action lawsuit has been filed in Chicago against Microsoft, the manufacturer of the Xbox 360 video console game. The claim is that the Xbox 360 has a "defective design" in which the power supply and CPU overheat which affects heat sensitive chips and can cause the console to freeze or lock up.
The defective Xbox 360 is reported to have a defect If you install an update
posted by Microsoft for download on October 31, 2006. The download causes the game to freeze following installation and freeze during the game itself. In some cases, the Xbox becomes non-functioning following installation of the update.
In addition to the voluntary update and downloading, in some cases anybody who connects to Microsoft's "Xbox Live" service may end up downloading the update automatically.
One owner reports: "Between my friends and I, we bought 6 machines at the Zero Hour event. Of the 6, my machine has a dead hard drive, another machine is working but is rather flaky (seen some strange behaviour - the drive may also be scratching discs, as my friend's copy of Condemned is now unplayably scratched, but we don't know if the drive caused it - the machine has also had problems booting games and being turned off...), one seems to be good, and I haven't heard yet about the status of the other three."
There have also been reports that the Fall Update causes the system to crash, "bricking" their consoles. Users will typically see an E71 error or will see crashes in software that ran normally before the update.
If you have purchased an Xbox 360 that has suffered from freezing or update download problems, you may qualify for damages or remedies that may be awarded in a possible class action lawsuit. Please fill in our form on the right to send your complaint to a lawyer who will review your claim for no charge.
I know this is an old thread but I’ve been home due to the Virus outbreak and I decided to try to play my Xbox 360. At first it would just crash and show the red ring then eventually I got the red ring to go away however continue to crash. Now it appears as though it’s scratching and destroying the cds inserted as well as the heat issue causing crashes
Posted by Ben Moore
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I'm looking to join the lawsuit to. I have had same problems.
Posted by Pennsylvania
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The system does not work at all and shows a e 74 error on the telvevision. I called xbox and they want me to pay $119.00 to have some thermal patch repaired. I have had the xbox 360 console for 1 year and 2 months and the warranty expired after one year which also upsets me.
Posted by Mississippi
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We have had to replace this unit 3 times, and we honestly felt stuck with the 360 after buying multiple remotes, games, and other add ons. It's either replace it, or eat the money we have spent on games and other add-on devices.
Posted by Georgia
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Before this current hardware failure I experienced a E 74 error message. I paid $100 for Xbox to repair the console which was also scratching my games discs. They would not replace the game discs but did repair the console for the $100 fee. Now the same console is experiencing the 3 light red ring of death denoting hardware failure.
Posted by California
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The Microsoft support representative says it is because of a defective design and he takes these calls all day long. However, Microsoft will keep fixing the unit for up to 3 years and will not replace the unit with the newer re-designed unit in which this issue has been addressed.
Posted by New York
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It has broken 3 times and they keep sending me defective consoles and now they sent me a box without a shipping label and keep apologizing and telling me they are going to send me a shipping label within 24-36 hours and 4 days later have not received the shipping label.
Posted by Minnesota
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I have been out of the main media component of my set-up for almost 2 months now. After getting my 360 back on Jan 18th 2008, I put a disc in and it made a horrible grinding noise to the point that you couldn't watch a movie because of the noise. Microsoft said this unit was a new one. When I called all they could offer me was another month of XBL. I already have 10 months on my original account.
Posted by Massachusetts
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Every game I buy cost me between $40 - $60. I am afraid that when I play anything it will come out unplayable. So far I've had Call of Duty 4 for about 1 week, and it is 100% unplayable. They want me to pay them $99 to send in my 360 for repair. I think this is ridiculous.
Posted by Florida
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I have called Microsoft 3 times to try and get a box shipped to me to send in my broken XBOX360 as per their warranty agreement. Every time, I am met with promises that it's on the way. This has been ongoing for a month and no one at Microsoft seems to care that I am out $399 dollars plus money for games and peripherals. I need legal representation.
Posted by California
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I paid nearly $700 for the console with accessories and games. The console "bricked", the replacement I received had functionality errors (crashing, grinding, etc.) so I sent this back. Now they have refuse to send me what is due. I have suffered lost money, time, frustration, Xbox LIVE $$ (which can not be refunded) and now my physical console. I have exhausted their customer service avenues and have no where else to turn to get a working system back.
Posted by Colorado
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Damages suffered include $430.00 for the XBOX 360 we purchased . All games and accessories purchased along with x-box live are useless. 2 full year x-box live subscriptions were purchased in January, 2007, and have not been able to be used for four months since we have not had our machine.
Posted by Iowa
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The first Xbox 360 unit we bought was purchased January 2006 and a almost a year later games were freezing up. Called Microsoft and they recommended it be sent in for repair under the warranty. They sent back a "replacement" Xbox which we received in February 2007. Now it is October 2007 and the Xbox will not play discs of any type. The message on the screen says "unplayable disk". We called Microsoft and they said that this replacement box only had a 90 day warranty, which means it is now an out of warranty claim. And they said we would have to pay $99.99 to have it repaired. This seems ridiculous that I should have to pay $100 when only 10 months has passed since I received the new Xbox. Please add my name to the class action suite against Microsoft and let me know if anything can be done. Thank you.
Posted by New York
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This is the third problem with my XBOX - originally purchased 6/1/2006. First two problems were for the three red rings and Microsoft fixed with no money out of my pocket. Current problem is that the XBOX 360 will not play any disk whatsoever. I opened the XBOX and saw that the motor will not spin. The XBOX is used for my DVD player in my home and now I will be without that also until it is repaired.
Posted by Ohio
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I have had a previous XBox 360 repaired by Microsoft. This was due to receiving a red light ring error. I sent the Xbox in and supposedly the problem was fixed. Just as I put in Halo 3 (game I've been waiting for) the same thing happens. Now they tell me I have to wait 3-4 weeks (after the 5-7 days it takes to receive a shipment box)for them to repair my 360 again! I'm going to be without my XBox for more then a month while the game that I bought this system with is finally out. I spoke to a manager about making this right and possibly expediting the situation and he said he couldn't help me.
Posted by Alaska
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I was on of the eager who lined up to purchase a 360 the day they came out. The stars aligned and by the grace of god I got my hands on a first addition x box 360. Unfortunately it only worked for about an hour and that was the beginning of my problems with this defective product. I contacted Microsoft and they instructed me that since I was within the stores return policy dates 30 days that I should return it to the store and exchange it for another one. Disgruntled I returned the one got another and two weeks later same three flashing red lights indicating a hardware crash. Frustrated with the situation and poor customer service I returned the item for a full refund and took a break from x box. I figured hey let them work out some of the bugs well a year and a half later I purchased another x box only to have the same problem happen right before the release of Halo 3. All customer service said is that if I didn't like sending it in for repair I could get a layer and deal with it that way. Otherwise they would have it back repaired in a couple months. Well that does me no good in the meantime as I pay for x box live and such and I have no console.
Posted by Florida
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My original Xbox 360, purchased in January 2007, broke down in late July 2007 from overheating. The graphics chip was damaged and error code E 74 would appear on the screen when the console was booted up.
After about 1 month, Microsoft replaced the console with a refurbished unit (manufacture date 4/2006). This unit worked for only two hours of playing time before it crashed and displayed the "three red lights" error. Apparently, the fixes Microsoft insisted they implemented due to the defective design of the hardware were not implemented on my refurbished unit or were not successful in preventing the overheating problem from reoccurring.
I called up Microsoft again and insisted that I be given a new console instead of a refurbished unit. They refused, telling me I would have to go through the entire repair process again.
This is unacceptable for such an expensive piece of hardware. There is no guarantee that my second replacement won't also break down.
Posted by Minnesota
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I have lost 700 Dollars total for buying the console and six games with out even having a full year. I have heard that other consumers sent it in to get fixed only to find out they dont work.
Posted by South Dakota
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I bought the Xbox 360 between the month of March and May of 2006, I brought the system home and hadn't even got to play because of the first set of problems with the Xbox, so I sent the defective one back and got a replacement. The replacement worked well until about a month ago. As I was playing, my game would freeze up. I then heard word going round about a ring of fire, and sure enough when I would go to play or turn on my Xbox 360, three rings of red appeared!! I spent close to $500 for a product I had to return before I could even play, and now I have to return it yet again.
Posted by California
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Purchased first 360 in March 2006, figured i would wait and get second batch with less problems...Wrong. Not sure if update or Gears of War put us to Death but 1st 360 died...thank god i bought extended warranty. Learned that from original xbox problems. Well got my empty box and sent our dead 360 to microsoft HELL...TEXAS...one week later It's ALIVE....New or Refurbished box arrives and we are back in business, well we thought right from the beginning we notice the disk door won't open. sometimes yes and other times no. If it had game in yes but not if empty. So now we need to tap door with thumb 20 0r so times to open. Well now we come to July 2007 we have the replacement 360 for all of 8 months and poof unable to play due to freezing. First Gears of War now all Games. Spoke to (3) different reps at xbox trying to get some satisfaction...not. Iwanted to exchange for Elite System and i would send 360 back with $100.00 they could upgrade me. Sorry sir not our Policy. How about my money back...nope..just send it in and we will fix..oh and by the way it could be 4 to 6 weeks...What are u kidding...i did not know Hell works so slow. Well i have an idea why don't we save xbox all the shipping costs lets just all take our 360 boxes to Microsoft in Washington the state that is and dispose them through the front of the building...am i little upset yes. We need some Lemon law protection here...People it's time to unite and fight for our rights as consumers. I am one we need many more ones to to step up and stand tall.
Posted by Tennessee
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I recently updated my 360 and now I have the dreaded blinking red lights that signify a hardware failure with the machine. My 360 is placed in a well ventilated place and I also purchased a cooling fan so overheating SHOULD not have been the problem. I've noticed there are hundreds, if not thousands, of Xbox360 owners with the same problems and we want them fixed without having to shell out $140 to get Microsoft to service machines they KNOW are faulty.
Posted by Alabama
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This is our second Xbox360 after having the same problem with the first one. The first one was under warranty so it was fixed for free. Even though it has been less than a year since we had the first one fixed they are demanding that we pay for the repairs on the second one. They have a $140 fee for repairs which is charged to everyone regardless of the actual problem. Three blinking red lights come on and the entire thing locks up.
Posted by Arkansas
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I purchased my Xbox 360 on January 1, 2006 at midnight (my wife and I waited in line on New Year's to get one). I have had no problems since then and have been quite pleased. At least until a few weeks ago, when I downloaded the Spring update. Ever since then my system has been occasionally freezing, and tonight (06/17) it stopped working completely, giving only the 3 red lights. I called Microsoft Xbox support, and they said I needed to send it in, that my warranty had expired, and that I would have to pay $139 to have it fixed. I told them that I did not think it right that I should have to pay for something that they broke. The customer service rep said that she works for Microsoft and that she had never heard of an update breaking a console. I told her I could email her the links to some newsgroups I had found where hundreds of people were complaining of the same thing. She didn't say anything. I told her to turn off my Xbox Live account, and that I would tell all of my friends and family to never buy an Xbox 360, and I would personally never again buy a Microsoft gaming product. So now I'm going to take all of my 360 games to the nearest used games dealer. I think I'll stash my 360 in the closet though in the hope that there will either be a mass recall or a class action suit.
Posted by Arkansas
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I have the same problem as many other consumers that bought the Xbox 360. I have had it since April of 06. When I try to play it the console freezes up and has a checkerboard pattern across the screen. I called Xbox to have it repaired and they want to charge me $140. I don't think I should have to pay because it is defective.
Posted by Texas
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In March my console began to freeze, the system would lock up and become unplayable. I spoke with Xbox 360 support and they prompted me to send my console in for repairs. I was returned a refurbished unit not my original console a couple of weeks later. June 6th I received the 3 red lights. When I contacted Microsoft they informed me that my warranty had expired. Had this been my original console that I started out with I might consider paying the 140 dollars they are asking, but I was sent a refurbished unit. How do I know that the reason this refurbished unit was at the repair center in the first place wasn't the 3 red lights and they did not repair it properly.
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The defective Xbox 360 is reported to have a defect If you install an update
posted by Microsoft for download on October 31, 2006. The download causes the game to freeze following installation and freeze during the game itself. In some cases, the Xbox becomes non-functioning following installation of the update.
