When users called Microsoft with console failures after downloading the Fall update over Xbox Live, the company charged up to $140 US for repairs. This has resulted in a class action lawsuit filed by Kabateck Brown Kellner.

Filed on November 29th, the class action lawsuit represents users who downloaded the Fall update with disastrous results. Claiming it is unfair for Microsoft to charge users for problems caused by official software updates, the lawsuit seeks $5 million in damages for breach of contract and an additional $5 million due to violation of the Consumer Protection Act and negligence.

“The Microsoft download caused Kevin’s Xbox to malfunction, yet Microsoft refused to pay for the cost to repair or replace his console,” says Brian Kabateck, partner with Kabateck Brown Kellner. “Basically, Microsoft is trying to turn their screw-up into a profit center,” says Kabateck.

Microsoft responded to the issues in early November, promising to work with users who encountered problems with the update. “We’ve seen nothing official that indicates that this, in fact, is true,” says Kabateck. “And that does nothing for all of those users who have already paid Microsoft to have their boxes fixed.”

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