Jason Johnson from Illinois is suing Microsoft for over $50,000, claiming that they have violated the Illinois Consumer Fraud and Deceptive Business Practices Act after his Xbox 360 had scratched and ruined several of his favourite games including Rock Band, Grand Theft Auto IV and Rock Band 2. This is the second time his Xbox 360 console has become defective after his first one died with the infamous red-ring of death in 2007.
Before the console started reporting disc read errors with Rock Band 2, he heard unusual grinding noises from the console during game play. When the console kept reporting disc read errors, he removed the disc to inspect it and noticed circular scratches on the surface. According to the suit, he has not removed the disc since it was first loaded and at no time did he move the console while the disc was loaded. After experiencing the same issue with his other two discs, he also inspected them and both also had circular scratches. Both discs were also only loaded for the first time and remained in the console until the disc read error messages started appearing.
Unfortunately, as his console was no longer under warranty, he would need to pay $99 to repair it. When he tried calling a Microsoft customer service representative about the issue, he was told to visit their website for their Disc Replacement Program. However, to make matters worse, the program only replaces 12 games covered by Microsoft and replacement discs cost $20. After determining that his console's optical drive was the culprit and figuring that Microsoft profits from disc replacements, he decided to sue Microsoft. He is also charging Microsoft for them trying to make him believe the discs were damaged by him.
To help him try proving try that his and other consoles have a defective design, he examined the mechanism of Xbox 360's optical drive and discovered that there is no safety mechanism in place to prevent the pick-up head from coming in contact with the disc during normal use. In the lawsuit, he's seeking compensation for the damages caused, $50,000 in punitive damages, attorney's fees and other costs.
