Maloney et al. v. Microsoft Corporation

Civil Action No. 09-2047

United States District Court for the District of New  Jersey

1. Summary of the Case

Galex Wolf, LLC has filed a putative class action charging Microsoft Corporation with marketing and selling portable MP3 music players (under the model name “Zune”) that Microsoft knew to have design defects causing the LCD display panels inside the devices to be unreasonably vulnerable to cracking during the course of ordinary use associated with such devices.  These defects caused substantial numbers of Zunes to develop cracked internal LCD panels without being dropped or otherwise subjected to violent shock, and without exhibiting cracks or other signs of damage or trauma to the external glass panel that covers the internal LCD panel.  This action also charges Microsoft with improperly rejecting warranty claims from consumers whose LCD panels were damaged as a result of the known defects,  and adopting unlawful blanket policies excluding all LCD fractures (regardless of cause) from warranty coverage

The Plaintiffs are seeking injunctive relief and damages under the Washington Consumer Protection Act, the Uniform Commercial Code, and the Magnuson-Moss Warranty Act for the following class of consumers:

All United States resident persons who purchased or who owned a Zune 30GB 80GB, or 120GB  model during the class period in which the liquid crystal display (“LCD”) screen cracked without cracking  or chipping of  the outer screen that covers the LCD screen.

The Plaintiffs also seek to represent the following subclass with respect to claims for breach of warranty under the Washington State Uniform Commercial Code:

All members of the Class whose Zunes’ LCDs cracked within the warranty period (one year from the date of purchase unless an extended warranty was purchased) and who notified Microsoft orally or in writing of the cracked LCD but did not receive repair or replacement of their Zunes from Microsoft.

Specifically excluded from the Class and Subclass is any person and/or any entity in which Microsoft has a controlling interest, and the officers, directors, employees, affiliates, subsidiaries, legal representatives, heirs, successors and their assigns of any such person or entity, together with any immediate family member of any officer, director or employee of said companies. Also excluded from the class is any judge or magistrate involved in this matter and members of their immediate family, and any consumer whose device was replaced by Microsoft under warranty after complaining of a cracked LCD screen.

2. Current Status

This case is currently in the discovery phase.  As the case progresses, this page will be updated to reflect the current status.

3. Questions and Comments

If you belief you may be a member of the proposed class, please feel free to contact Galex Wolf, LLC with any questions at (732) 257-0550 info@galexwolf.com.