Class Action Lawsuit Against Microsoft Claims Halo 3 Crashes Xbox 360

Thanksgiving for Microsoft’s gaming division has been soured by a class action lawsuit in California, claiming Halo 3 causes crashes on the Xbox 360 console. It looks like $400 million in first-week sales can’t save you from litigation. Digital Journal — The lawsuit, filed by complainant Randy Nunez, alleges that his version of Halo 3 makes the console “crash, freeze or lock up.” He is seeking $5 million in damages. Nune’z suit, available to the public here (opens in PDF), also claims that Halo 3 is in fact not compatible for the Xbox 360, even though the blockbuster first-person shooter was specifically designed for Microsoft’s console. Filed under California’s consumer protection legislation, the suit alleges a breach of “statutory implied warranty of merchantability” and “statutory implied warranty of fitness for a particular purpose.” One section states: "Although faced with repeated and mounting consumer complaints and inquiries concerning this operational flaw in the Halo 3, Defendants have failed to recall Halo 3 or otherwise remedy its failure to function on the Xbox 360." Both Microsoft and Bungie Studios, the maker of Halo 3, are named as defendants. The lawsuit even goes so far as to call these companies deceitful, writing: "Defendants have deceived consumers who reasonably believed that the Halo 3 video game would perform reliably in its intended use and permit purchasers to play the video game without substantial interruption." This isn’t Microsoft’s first headache regarding the operability of Halo 3. In September, reports from across the U.S. stated that Halo 3 limited editions discs were packaged with deep scratches. Microsoft was forced to offer free replacement discs until Dec. 31. Halo 3 was October’s top game in the U.S., with 433,800 units sold. The next highest seller was Guitar Hero III (383,200). It seems Microsoft can't resist promoting Halo 3 to no end. Today, Microsoft announced it is giving away copies of Halo 3 to customers who switch from the original Xbox to Xbox 360. The offer is valid for Xbox Live members who switch their membership to Xbox Live Gold between now and Dec. 21. Is Microsoft trying to make gamers forget about the lawsuit by introducing an exceptional Halo 3 deal?