A Chicago man that was displeased with the Xbox 360’s overheating problem and then started a lawsuit that is due to be heard on January 10th. Microsoft is working hard to get it thrown out of court before it even begins.
It seems that Robert Byers hasn’t even contacted customer support about the problems with his own 360, and even worse, it is not even clear his Xbox 360 is malfunctioning.
In the motion to dismiss, Microsoft notes that “Significantly, Plaintiff omits the fact that his Xbox 360, purchased in November 2005, is still covered by a 90-day warranty, under which Microsoft agreed to repair or replace it, or issue a refund. In fact, Plaintiff does not allege that he contacted anyone at Microsoft about the alleged defect, let alone that Microsoft refused to honor the terms of its warranty.