CLASS ACTION COMPLAINTPAGE – 2
1301 - Fifth Avenue, Suite 3401Seattle, Washington 98101-2605(206) 623-6501
13159 00101 of295h1350
JURISDICTION AND VENUE
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
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