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Xbox Users v Microsoft

Xbox Users v Microsoft

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Published by jeff_roberts881

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Published by: jeff_roberts881 on Jul 06, 2012
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07/10/2013

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CLASS ACTION COMPLAINTPAGE – 1
 1234567891011121314151617181920212223242526
1301 - Fifth Avenue, Suite 3401Seattle, Washington 98101-2605(206) 623-6501
13159 00101 of295h1350
UNITED STATES DISTRICT COURTWESTERN DISTRICT OF WASHINGTONAT SEATTLEANN TALYANCICH, individually and onbehalf of all others similarly situated,Plaintiff,v.MICROSOFT CORPORATION, aWashington corporation,Defendant.NO.CLASS ACTION COMPLAINTPlaintiff Ann Talyancich, by her attorneys, makes the following allegations and claimsfor her complaint against Defendant Microsoft Corporation. This class action is brought byPlaintiff individually and on behalf of all others similarly situated who have had their Xboxconsole units excluded from the Xbox LIVE service by Defendant. The following allegationsare made upon information and belief, except as to allegations specifically pertaining toPlaintiff, which are made upon knowledge. Plaintiff’s information and belief is based,
inter alia,
on the investigation made by and through counsel.
PARTIES
1.
 
Plaintiff Ann Talyancich is a citizen of the State of California.2.
 
Defendant Microsoft Corporation is a Washington corporation with itsprincipal place of business in Washington. A global provider of software and other computerproducts and services, Defendant does business throughout the United States of America.
Case 2:12-cv-01128-JCC Document 1 Filed 06/29/12 Page 1 of 15
 
 
CLASS ACTION COMPLAINTPAGE – 2
 1234567891011121314151617181920212223242526
1301 - Fifth Avenue, Suite 3401Seattle, Washington 98101-2605(206) 623-6501
13159 00101 of295h1350
JURISDICTION AND VENUE
3.
 
This Court has jurisdiction over the parties to and the subject matter of allcauses of action asserted herein, pursuant to 28 U.S.C. § 1332 and under the Class ActionFairness Act.4.
 
Venue is proper in this Court because Defendant’s headquarters is located inthis District, and Defendant conducts substantial business in this District.
STATEMENT OF FACTS
5.
 
Defendant is the manufacturer and distributer of the Xbox 360 console and itspredecessor, the Xbox console (collectively referred to herein as “Xbox”).6.
 
The Xbox is a “general purpose computer” that is commonly used to access theInternet, play video games, and access and display movies.7.
 
Xbox console units currently sell from approximately $199.99 for the Xbox360 4GB Console up to approximately $449.99 for the Xbox 360 Limited Edition Kinect StarWars Bundle.8.
 
To date, in excess of 79 million Xbox console units have been sold since itsrelease in 2001.9.
 
Included with the purchase of an Xbox console unit is access to the XboxLIVE service (Internet connection required).10.
 
Xbox LIVE is an online multiplayer gaming and digital media delivery service.11.
 
The Xbox LIVE service is currently available in three variations: Free(formerly known as Silver), Gold, and Family Pack (or Gold Family Pack).12.
 
The Xbox LIVE Free service includes the ability to “chat and text with friendson Xbox LIVE,” “industry-leading, built-in Family Settings,” the ability to “create andcustomize your Avatar,” the ability to “download new games and game add-ons,” the abilityto “watch HD movies and TV from Zune,” and the ability to “preview games with freedemos.”
Case 2:12-cv-01128-JCC Document 1 Filed 06/29/12 Page 2 of 15
 
 
CLASS ACTION COMPLAINTPAGE – 3
 1234567891011121314151617181920212223242526
1301 - Fifth Avenue, Suite 3401Seattle, Washington 98101-2605(206) 623-6501
13159 00101 of295h1350
13.
 
In addition to those benefits included with the Xbox LIVE Free service, theXbox LIVE Gold service includes the ability to “play Xbox 360 games online with friends,”the ability to “instantly watch HD movies from Netflix,” the ability to “instantly watch lastnight’s TV today with Hulu Plus,” the ability to view “live sports from ESPN on XboxLIVE,” the ability to use “Facebook and Twitter on your TV,” and the ability to listen to“personalized music from Zune and last.fm.”14.
 
A one-month membership to Xbox LIVE Gold sells for approximately $14.99,a three-month membership for approximately $24.99, and a twelve-month membership forapproximately $59.99.15.
 
In addition to those benefits included with the Xbox LIVE Gold service, theXbox LIVE Family Pack service includes “four Xbox LIVE Gold memberships for less thanthe price of two,” the ability to “manage your family’s memberships and settings in theFamily Center,” the ability to “view reports on your family’s Xbox LIVE activities,” theability to “gift Microsoft Points Allowances to your family,” and “exclusive discounts onfamily friendly games.”16.
 
A twelve month membership to Xbox LIVE Family Pack sells forapproximately $99.99.17.
 
There are currently approximately 25 to 35 million Xbox LIVE members.18.
 
Also available for purchase and use with the Xbox LIVE service are“Microsoft Points” (also known as Xbox LIVE Points and Xbox Points). Microsoft Points are“the coin of the Xbox LIVE Marketplace realm” and may be purchased directly from theXbox LIVE Marketplace with a credit card or from brick and mortar retail locations.19.
 
400 Microsoft Points may be purchased for approximately $4.99; 800Microsoft Points may be purchased for approximately $9.99; 1600 Microsoft Points may bepurchased for approximately $19.99; 4000 Microsoft Points may be purchased for
Case 2:12-cv-01128-JCC Document 1 Filed 06/29/12 Page 3 of 15

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