In principle the power to claim is limited to the amount of the actual, direct losses. There is, realistically speaking, no room for claiming immaterial damages (e.g. money for distress caused) or consequential damage. This means that the damages that can be claimed are limited to the costs of purchasing new discs to replace the old ones and a new, properly functioning Xbox 360 (or other model of equal value), or the costs of modifying the Xbox 360 in such a way as to prevent it from causing further scratches. These damages for each person are of such a limited size that it is scarcely worth instituting individual proceedings. Class action litigation, however, can have the desired effect.

Anyone that has an Xbox 360 that causes scratches can take part in this class action litigation. The registration fee comes to € 25. These are the only expenses that participants will incur. The class action proceedings will be run by a Foundation. An attempt will be made to set the amount of compensation for each aggrieved party and, of course, to recover the aforementioned amount. It could be that during settlement of the damages, use is made of the Wet Collectieve Afhandeling Massaschade (Dutch Law on Class Action Settlement of Mass Damages), which enables the creation of a regulation that will be in effect throughout the nation. How far the Foundation can go will depend on the total amount amassed by the participants.

You can register for the proceedings using the following link:

http://teekenskarstens.nl/index.php/krasbox.
We request that you fill in your details there as soon as possible and issue the direct debit authorization for the participation fee.

Watch the episode of Kassa from Saturday 10 January 2009 here, in which everything was discussed.