The lawsuit references the multi-part story that VentureBeat ran on the history of the Xbox 360 defects. The suit was filed in Sacramento County Superior Court. In an interview, attorney Keith Cable confirmed that he filed the lawsuit on Sept. 19. He said he is getting a lot of reaction from people who want to join the lawsuit.
The suit, filed on behalf of plaintiff Reshelle Cable of Folsom, Calif., alleges that an excessive number of Xbox 360 consoles have failed and that Microsoft concealed the excessive failure rate of its Xbox 360 consoles so that it could get into the market ahead of Sony and Nintendo.
Aside from the VentureBeat article, the lawsuit cites a number of recent articles published in gaming trade sites. The class action lawsuit seeks an order that Microsoft disgorge all profits attributable to its sale of the Xbox 360 and that Microsoft start a refund program in California. Microsoft already faces a number of other class action suits related to the defects.
A spokesman for Microsoft declined to comment, saying that Microsoft had not yet been served with the suit.