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Xbox Users Too Impatient for Class Action

Posted by Zonk on from the website-with-a-message dept.

Danilo Campos writes "I got a little irritated when Microsoft wanted me to pony up $80 to repair my out-of-warranty Xbox for a hardware failure that is very, very well-known. Slashdot recently reported a class action aimed at solving this very problem. That will take too long and cost everyone too much. The only ones who'll be better off are the lawyers. I have instead organized a polite, respectful request by Xbox owners that Microsoft repair or replace any afflicted systems at their own expense. Join the call, won't you?"

2 of 55 comments (clear)

  1. Re:hate to say it... by Anonymous Coward · · Score: -1, Flamebait

    ding ding ding!!! You win a cookie!

  2. Re:hate to say it... by 0x20 · · Score: -1, Flamebait
    1) you don't have to buy the item to read the warranty. you can walk into any electronics store and ask them to open a box for you. i've done it myself several times, since i don't like to whine after the fact in the manner of you and the original poster.

    2) even if you couldn't find someone willing to show you the warranty, you could buy the item, open it and read the warranty immediately, and walk right back in and return it for a refund if you didn't like what you read. most any electronics store will refund like this, especially if you explain to them what you're doing before you purchase.

    3) brainwashed by the right wing??? hahahahha. you're talking to a kerry-voting treehugger spendocrat, my friend. what type of deformed logic would lead you to make such a stupid inference? on second thought, don't answer that. i'm not interested in your ad hominems or your idiot political views.

    i have read the UCC, and i have "educated myself." the precedent in cases like this was established in Abraham vs. Volkswagen of America, Inc., 1986. a typical ruling thereafter (in this case from various electrical companies vs. Westinghouse) reads as follows:

    ...the general rule, from which we see no reason to deviate, is that "an express warranty does not cover repairs made after the applicable time . . . ha[s] elapsed." Abraham v. Volkswagen of Am., Inc., 795 F.2d 238, 250 (2d Cir. 1986) (citing cases) (applying federal common law). Thus, "'latent defects' discovered after the term of the warranty are not actionable."

    of course, since you went to law school and everything, mr. coward, you already knew that. right?