Kris Graft of Next Generation spoke with Brian Kabateck, one of the lawyers representing Kevin Ray, a Xbox 360 owner whose Xbox 360 failed after the October 31st Live update, about what they expect from the lawsuit. Kabateck’s firm is seeking $5,000,000 in damages, but is overall unsure of how much the award will actually end up being. Kabateck had this to say about Microsoft’s claim of paying all fees associated with console repairs:
“If that were true, that would go a long way to solving the problem. Unfortunately, all the reports we’re getting is that Microsoft is saying ‘Send your Xbox in and for 140 bucks we’ll fix it.’ In our opinion, they’re turning their screw-up into a profit center.”
Microsoft has yet to respond. If Microsoft will pay for replacing the consoles, then there shouldn’t be a problem We’ll just have to wait and see.