Microsoft and the Xbox 360 are receiving their first lawsuit from a Florida lawyer claiming that the game console scratches and ruins the discs, making them unplayable. The suit claims that by moving the game console from a vertical to horizontal position, or from horizontal to vertical will cause the laser that reads the discs to cause permanent damage to the discs, and Microsoft does not specify to not move the console while in use. The official complaint filed Thursday states that the scratches can also happen when the console is not moved at all.

Jeffrey M. Ostrow, on behalf of his client Jorge Brouwer is asking Microsoft to correct the problem in the game console as well as cover the costs of the games that are ruined by the problem. In order to replace a damaged disc Microsoft normally charges $20.

In response, Microsoft released the following: “We’ve only just learned of this lawsuit, so we haven’t had time to evaluate it. However, out of the millions of Xbox consoles in use, Microsoft has not received any widespread reports of Xbox 360s scratching disks.” Apparently Gamefly has had enough issues with the scratches on the discs for the Xbox 360 that they’ve created a specific form letter addressing the issue.

Only less than a week ago Microsoft extended its warranty on the Xbox 360 to 3 years as result of a large number of complaints due to a hardware failure.

Source: Miami Herald