Microsoft has requested a class-action lawsuit over malfunctioning Xbox controller go to arbitration. In fact, the filing issued to a Washington court claims that Xbox users have already agreed to use arbitration through the Microsoft Services Agreement.
VGC reports that in the motion, Microsoft says users consent to its services agreement simply by using Xbox controllers and Xbox Live, and according to that agreement, such a class-action suit is not permitted.
“Plaintiffs repeatedly agreed not to bring a lawsuit like this in court,” the company’s filing states. “Instead, they assented to the Microsoft Services Agreement and to warranty agreements in which they promised they would arbitrate disputes on an individual basis using a consumer-friendly process before the American Arbitration Association. The Federal Arbitration Act requires enforcing these agreements.”
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