Microsoft sued over Halo 3 "Consistent" crash

Master Chief better get a good lawyer to go along with his plasma gun.

A San Diego resident who recently purchased Halo 3, which stars the pistol packing super soldier, has filed a lawsuit against Microsoft - alleging that the company released a faulty product that frequently crashes when played on the Xbox 360.

In court papers filed this week, Randy Nunez charges that Halo 3 "consistently causes the Xbox 360 to crash, freeze, or lock up while the game is being played."

Along with Microsoft, Nunez also is suing Bungie, which developed Halo 3 along with Microsoft and recently spun off from the software maker. The action was filed in U.S. District Court in Southern California.

Nunez said he purchased a copy of Halo 3 at a Gamestop store in San Diego in mid-October. When he tried to play it on his Xbox 360, the system "repeatedly locked up, froze and/or crashed," Nunez said in court papers.

The lawsuit contends that the problem is widespread, and that Microsoft and Bungie haven't taken any steps to fix it.

"Although faced with repeated and mounting consumer complaints and inquiries concerning this operational flaw in Halo 3, the defendants have failed to recall Halo 3 or otherwise remedy its failure to function on the Xbox 360," the suit alleges.

As a result, Nunez charges that Microsoft and Bungie are in violation of consumer protection laws. Nunez is asking the court to give the suit class action status and is seeking unspecified damages.

Microsoft and Bungie have yet to file a formal response to Nunez' allegations.

Halo 3 smashed video game industry sales records when it debuted in September. It took in more than $300 million in sales during its first week on the market, including $170 million in first-day receipts.

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