Category — Class Action Cases

Fall-Update “Brick” Class Action Brought Against Microsoft

December 10, 2006 at 11:10 am - by Dale Dietrich

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.

Categories: Class Action Cases, Consumer Protection Cases, Product Liability Cases, Unfair Business Practice Casses

Digg Del.icio.us 2 Comments

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

October 27, 2006 at 5:47 pm - by Dale Dietrich

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,”

Cohen Class Action Suit:

Grandma Cohen’s GTA Class Action Suit Against Take-Two to Proceed (October 27, 2006)
Outraged Granny Sues Over grand Theft Auto (Cohen) (July 27, 2005)

Stanhouse Class Action Suit:

Stanhouse GTA San Andreas Class-Action Suit Moved to Federal Court (October 7, 2005)
Another GTA San Andreas Class-Action Suit Filed (Stanhouse) (September 21, 2005)

Categories: Class Action Cases, Sexuality Cases

Digg Del.icio.us No Comments

Sony Settles PS2 Class Action Suit

November 9, 2005 at 11:42 pm - by Dale Dietrich

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

Categories: Class Action Cases, Product Liability Cases, Settlements

Digg Del.icio.us No Comments

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

October 7, 2005 at 7:59 pm - by Dale Dietrich

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:

Take-Two Receives Subpoenas Over Hot Coffee (June 26, 2006)

LA Civil Suit:

Yet Another Take-Two/GTA Lawsuit (January 26, 2006)

FTC Investigation Related Posts:

Take-Two/Rockstar Settle with FTC over Hot Coffee Mod (June 8, 2006)
Hot Coffee FTC Inquiry Given Go Ahead (July 26, 2005)

Stanhouse Class Action Suit:

Stanhouse GTA San Andreas Class-Action Suit Moved to Federal Court (October 7, 2005)
Another GTA San Andreas Class-Action Suit Filed (Stanhouse) (September 21, 2005)

Cohen Class Action Suit:

Grandma Cohen’s GTA Class Action Suit Against Take-Two to Proceed (October 27, 2006)
Outraged Granny Sues Over grand Theft Auto (Cohen) (July 27, 2005)

Other Hot Coffee Related Posts:

ESRB Demands U.S. Game Publisher Audits for Hidden Game Content (September 12, 2005)
ESRB Re-Rates Oblivion to Mature Following 3rd Party Mods (May 3, 2006)
Take-Two Filing Reveals Multiple Lawsuits (February 1, 2006)
Hot Coffee Spills into Australia as GTA:San Andreas is Banned (August 1, 2005)
GTA San Andreas Rerated AO, Take-Two Suspends Production (July 20, 2005)
Confirmed: ‘Hot Coffee’ Sex Minigame in PS2 GTA: San Andreas (July 15, 2005)

Categories: Class Action Cases, Sexuality Cases

Digg Del.icio.us No Comments

Another GTA San Andreas Class Action Suit Filed (Stanhouse)

September 21, 2005 at 9:35 pm - by Dale Dietrich

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:

Take-Two Receives Subpoenas Over Hot Coffee (June 26, 2006)

LA Civil Suit:

Yet Another Take-Two/GTA Lawsuit (January 26, 2006)

FTC Investigation Related Posts:

Take-Two/Rockstar Settle with FTC over Hot Coffee Mod (June 8, 2006)
Hot Coffee FTC Inquiry Given Go Ahead (July 26, 2005)

Stanhouse Class Action Suit:

Stanhouse GTA San Andreas Class-Action Suit Moved to Federal Court (October 7, 2005)
Another GTA San Andreas Class-Action Suit Filed (Stanhouse) (September 21, 2005)

Cohen Class Action Suit:

Grandma Cohen’s GTA Class Action Suit Against Take-Two to Proceed (October 27, 2006)
Outraged Granny Sues Over grand Theft Auto (Cohen) (July 27, 2005)

Other Hot Coffee Related Posts:

ESRB Demands U.S. Game Publisher Audits for Hidden Game Content (September 12, 2005)
ESRB Re-Rates Oblivion to Mature Following 3rd Party Mods (May 3, 2006)
Take-Two Filing Reveals Multiple Lawsuits (February 1, 2006)
Hot Coffee Spills into Australia as GTA:San Andreas is Banned (August 1, 2005)
GTA San Andreas Rerated AO, Take-Two Suspends Production (July 20, 2005)
Confirmed: ‘Hot Coffee’ Sex Minigame in PS2 GTA: San Andreas (July 15, 2005)

Categories: Class Action Cases, Sexuality Cases

Digg Del.icio.us No Comments

Outraged Granny Sues over Grand Theft Auto (Cohen)

July 27, 2005 at 2:32 pm - by Dale Dietrich

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”