Suing Microsoft in Small Claims Court?

BHase · Feb 27, 2020

Hello,

Local attorney here. Anyone have experiences to share filing suit against Microsoft in their state small claims court?

Quick details: Bought new Xbox One X late last year. It’s still under warranty. One day, it stops loading apps and games; boots very slowly. Factory resets, etc. do nothing.

I started a repair order, paid for expedited shipping ($9.99), and sent the Xbox to the repair center right away. I needed the Xbox because I was scheduled for a gaming trip with some friends.

I get the Xbox back - it obviously hasn’t even been looked at. Same error and it doesn’t even boot up. Of course, no online option to get another repair as the “Devices” page now won’t offer a drop down option tor a second warranty repair of my Xbox.

Finally, I jump on the phone and spend 20 minutes being forced to go through all of the troubleshooting steps again, even though the Xbox just came from the repair center. The person on the other line is not only hard to understand, but may as well be a
robot - she asks me after 15 minutes of calling me by my first name, for my first name...

I finally get a new label. It’s not even for expedited shipping! I respond to the email from customer service (which is “signed” by the person with whom I spoke and does not indicate “do not reply”) that time is of the essence and demanding an expedited
shipping label - nothing. At this point, I’ll be forced to cure the defect by purchasing a replacement and suing Microsoft for breach of warranty and breach of contract in small claims to recover the replacement cost.

Questions:

1) Anyone else done so and, if so, your experience?

2) Any complexities with service of process?

Thanks,

Ben

:)

XBF Brad A

Hey there Bhase,

As this is a support forum, if you would like to pursue legal action, or discuss legal action, then we will not be able to assist further. For more information, please visit our Legal
and Corporate Affairs page.

At this time we'll be locking this thread since all applicable information has already been kindly provided by our Ambassadors and to prevent needless repetition.

Thanks for coming to the forums and have a great day!

Brad

SanityGaming

IF your going to sue them, your best suing them with the correct lawsuit.. difference between class action law suit. and small claims..

This is a small claims lawsuit not a class action lawsuit.

This would be settled in some back town court building with a lawyer, basically you and the defendents go there, sit in a tiny small court room, size of a class room. and talk about this problem.

Red1Monster

If you're in Canada, the legal system is made so that a same judgement won't be rendered twice, so if someone with an xbox had the same problem as you die around the same time as you and sued microsoft in small claims court for it, you're entitled to be
given the same compensation as the guy who won against microsoft.

Though, that's probably not the case, since when big companies are sued in small claims like this, they just settle, since it means they only have to refund 1 person instead of all the others that will claim the same thing after.

englishbulldog802

Well I will be suing them in a small claims court if it comes to it. If Microsoft repair it, then they have evidence that the console needed to be repaired, and thus it was faulty. £84 might not seem like an amount you would sue for but this is also about
exercising my statutory rights, and putting GAME in their place. Yes, it will be a long process but more people need to be doing this so retailers learn a lesson.

AmuricanPatriot

Hello, systemtamp3ring,

The only remaining course of action for you to take would be to submit a formal notice of dispute directly to Microsoft.

www.microsoft.com/.../notice.aspx

Otherwise:

c. Small Claims Court Option. Instead of mailing a Notice of Dispute, you may sue us in small claims court in your county of residence (or if a business your principal place of business) or King County, Washington, U.S.A. if you meet the court’s requirements.
We hope you’ll mail a Notice of Dispute and give us 60 days to try to work it out, but you don’t have to before going to small claims court.

Hope that helps.

Suing Microsoft in Small Claims Court?