I’m sure you’re just shocked, shocked, to hear of shenanigans in an Illinois class action:
In [its] motion to dismiss, Microsoft notes that “Significantly, Plaintiff omits the fact that his Xbox 360, purchased in November 2005, is still covered by a 90-day warranty, under which Microsoft agreed to repair or replace it, or issue a refund. In fact, Plaintiff does not allege that he contacted anyone at Microsoft about the alleged defect, let alone that Microsoft refused to honor the terms of its warranty. Moreover, Plaintiff does not allege that his Xbox 360 ever malfunctioned. He alleges only that “members of the class have experienced malfunctions” with their Xbox 360s—not that he has.
A hearing will be held January 10.
(Update: broken link to the MS motion to dismiss fixed.)
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