A second lawsuit was filed this week against Microsoft by customers complaining about the Xbox 360 console scratching and ruining video game discs. The suit, filed Monday with a Los Angeles federal court, followed a similar lawsuit submitted to a south Florida court the week before.

In the California filing, state residents Christine Moskowitz and David Wood claim that “during regular use, the Xbox 360 scratches the surface of the game discs, often to the point that they will no longer play in the console.” When contacted, Microsoft refused to refund the price of the games or replace the discs, the lawsuit said. Microsoft’s policy is to offer replacements only for its own titles, and then for a $20 swap-out charge.

Moskowitz and Wood are seeking class-action status for their suit and refunds for the cost of the games and the Xbox 360. Damages were set at $5 million minimum.

An independent hardware consultant pointed to defects in the DVD drive, which is made by Toshiba Samsung Storage Technology Korea, as the likely cause.

Microsoft did not comment Friday, but when asked about the Florida filing last week, spokesman Jack Evans said: “Out of the millions of Xbox consoles in use, Microsoft has not received any widespread reports of Xbox 360s scratching discs.”

Source: PC World