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Harmonix Sued Over Pedals

Kris Graft's picture

By Kris Graft

November 21, 2008

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Kansas resident Monte Morgan has filed a class action lawsuit against Rock Band creator Harmonix over broken bass drum pedal peripherals.

The suit, filed November 18 in a U.S. District Court for the Northern District of California, said broken foot pedals "deprive [customers] of the value and enjoyment of their purchases."

Harmonix, MTV Networks, Viacom and distributor Electronic Arts are all named in the suit.

The complaint accuses the companies of breach of implied warranty and violations of California business and consumer codes.

The plastic foot pedals for the original Rock Band's drum kit were notorious for breaking in half under normal use, to the point where EA allowed for exchanges beyond the original 60-day warranty, no receipt necessary.

However, according to the complaint, the defendants ceased the extension, stating that as of October 1, 2008, peripherals are only under warranty if a receipt is provided within 60 days of purchase.

Morgan's complaint noted that Rock Band 2 sported what Harmonix called a "improved kick pedal with metal plate."

"On information and belief, Defendants modified the kick pedal ... in this fashion to correct the design defect present in the original Rock Band drum pedal," the complaint added.

The plaintiff is seeking damages, an order enjoining the defendants from from alleged "wrongful conduct" and legal fees.

A rep for MTV Games did not return request for comment as of press time.

Thanks to GameCyte for the tip.

Brendon's picture
On November 23rd Brendon said:

How is someone an arse for calling EA/Harmonix on their bullshit? If my product dies (my foot pedal broke in the past, but got replaced) it should be replaced. It's unfair that the consumer is punished for poor design of the system. The Monte guy is just trying to call them on it. It's a class action lawsuit so it's not really for personal gain.

The problem isn't that the pedal is faulty (which it is). The problem is that EA isn't acknowledging it and providing decent replacements for people with faulty pedals. They are just giving them another faulty pedal that will break later. They could extend the warranty a decent amount, or save money in the long run by just giving people the upgraded pedal.

N1njaSquirrel's picture
On November 23rd N1njaSquirrel said:

just more proof that the world has gone mad. this 'Monte Morgan' bloke is just another arse.
He won't win. There is no way that QA testers will have realised that the pedal will break after use.

Alexander Cederholm's picture
On November 22nd Alexander Cederholm said:

What the hell? Now this seems typically american way of doing things. The purpose of a warranty is to protect the comsumer in case if a product get's damaged during "fair use". You don't have to make a lawsuit because of it!

What confuses me is the 60 day warranty. What kind of warranty is that?! As a swede I don't get that. I don't live in the USA and therfore I don't know their laws and comsumer wrights but in Sweden you uasally get a least one year warranty for a product, espacally when it comes to electronics. Then there are different rules during a period of three years too but I won't go into that. I have been woring int he retail buisness for many years so I know these things and that's why this sounds wierd and stupid to me.

If product brakes during normal use then it should be able to get swapped. People don't pay hundreds of dollars to have stuff brake during the first months. The warranty is their to protect comsumers. Oh.... I almost forgot. You have to have a receipt to prove you bought the product. That is rule number 1. If EA changed that rule and then backpeddled... then that's bad but common sense tells you that you have to show a receipt.