Disgruntled Xbox customer Ann Talyancich has filed a class action suit against Microsoft. Talyancich claims she was banned from Xbox Live after having an independent repairman fix her DVD drive on her Xbox. As part of her ban, as is conventional with all bans, Microsoft stripped Talyancich's account of her credits. Talyancich filed the lawsuit to not only get her account unbanned and have her points restored, but also to have similar done for those who got banned under similar circumstances.
Microsoft's latest terms of service strictly prohibits class action suits:
"You and Microsoft agree that any proceeding to resolve or litigate any dispute, whether in abritration, in court, or otherwise, will be conducted solely on an individual basis, and that neither you nor Microsoft will seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which you or Microsoft acts or proposes to act in a representative capacity."
Whether or not this filing will actually make it to court is interesting and proves a test to Microsoft's "no class action" policy in its terms of agreement. Microsoft isn't the only company out there to have a "no class action" policy. In fact, companies in the past have had similar policies, but courts have overruled them. Watch this space for more on this case.
