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Category — Class Action Cases

Fall-Update “Brick” Class Action Brought Against Microsoft

Categories: Class Action CasesConsumer Protection CasesProduct Liability CasesUnfair Business Practice Casses

Text of Complaint (Nov 29, 2006)
Microsoft has been sued over an allegation that its XBox 360 Fall Update (ie: a mandatory XBox 360 download) caused a total system malfunction (turned the units into “bricks”) for some users.

The claim alleges that Microsoft is refusing to pay the shipping, repair or replacement costs of affected units. Microsoft says it is paying shipping costs to fix or replace all affected units. The claim alleges breach of contract, negligence and violation of Washington’s Consumer Protection Act. It seeks $5 million in damages – presumably for the a yet-to-be-certified class and not just for the particular aggrieved plaintiff Kevin Ray.

Of particular interest the claim alleges that the limitations of liability, warranty and remedies clauses contained in Microsoft’s Terms of Use (TOU) are unenforceable due to unconscionability in that:

  • XBox owners were never shown to the Class/Plaintiff: This isn’t likely. I specifically recall being presented with Microsoft’s TOU when I signed up for Xbox Live.
  • the limitations and disclaimers were not specifically shown to each member of the Class – Case after case have upheld click wrap agreements of this kind. Unless there is something specific under Washington consumer protection law on this point, I’d be enormously surprised if this is relevant to any court.
  • the limited remedy under the TOU fails in its essential purpose because it deprives the Class of the substantive value of its bargain – again, such clauses are commonplace in click-wrap agreements and routinely enforced by courts.

Sources: ars technica | Seattle Post Intelligencer | GameSpot | ZDNet | Joystiq | Next Generation

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Granny Cohen’s GTA Class Action Suit Against Take-Two to Proceed

Categories: Class Action CasesSexuality Cases

In July of last year a concerned 81 year old grand-mother, Florence Cohen, filed a class action lawsuit against Take-Two for false, misleading and deceptive practices with regard to the hidden ‘Hot Coffee’ sex scenes hidden within the popular video game Grand Theft Auto: San Andreas. She had purchased the game for her 14-year-old grandson. A Manhattan federal judge has now denied a Take-Two motion to dismiss this, and four similar suits, which Cohen’s lawyers are consolidating into one. Take-Two and its subsidiary, Rockstar Games Inc., had argued that the plaintiffs could only file claims in the states where they resided, not all 50 states. In denying the motion District Judge Shirley Wohl Kram wrote:

“If class certification is granted, the court will have the benefit of a well-defined class and a more fully developed treatment of potential choice of law questions,”

Sources: Gamasutra | GameDaily.biz | GamePolitcs.com | TheState.com | Reuters | IGN.com | ars technica | GameSpot | New York Daily News | New York Post | ZDNet | Fox News (AP)

Cohen Class Action Suit:

Stanhouse Class Action Suit:

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Sony Settles PS2 Class Action Suit

Categories: Class Action CasesProduct Liability CasesSettlements

Ruling on infamous “disc read error” issue could give qualifying PS2 owners $25, a free game, free repairs, or a replacement system. Canadian and U.S. courts must approve the settlement before it is finalized.

Sources: Gamespot | Gamasutra

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Stanhouse GTA San Andreas Class-Action Suit Moved to Federal Court

Categories: Class Action CasesSexuality Cases

The most recent class action filed in St. Clair County over a controversial rating on a video game has been removed to federal court under the Class Action Fairness Act.”

Source: St. Clair Record

New York Investigation:

LA Civil Suit:

FTC Investigation Related Posts:

Stanhouse Class Action Suit:

Cohen Class Action Suit:

Other Hot Coffee Related Posts:

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Another GTA San Andreas Class Action Suit Filed (Stanhouse)

Categories: Class Action CasesSexuality Cases

Claiming her teen-age children were exposed to sexually explicit content in a popular video game, a concerned mother, Brenda Stanhouse, filed a class action lawsuit in St. Clair County Court against the promoters of “Grand Theft Auto: San Andreas (GTA).”

Sources: St. Clair Record | GamePolitics.com | Lunabean

New York Investigation:

LA Civil Suit:

FTC Investigation Related Posts:

Stanhouse Class Action Suit:

Cohen Class Action Suit:

Other Hot Coffee Related Posts:


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Outraged Granny Sues over Grand Theft Auto (Cohen)

Categories: Class Action CasesSexuality Cases

Text of Cohen’s Class Action Complaint
In another hot coffee, motivated case, a litigious 81-year-old New York grandmother files suit against the game’s manufacturer for engaging in “false, misleading and deceptive practices”

Sources: The Register | Gamasutra | GameSpot | New York Daily News | GamePolitics.com

New York Investigation:

LA Civil Suit:

FTC Investigation Related Posts:

Stanhouse Class Action Suit:

Cohen Class Action Suit:

Other Hot Coffee Related Posts:

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