Christine Moskowitz and Dan Wood found themselves the apparent victim of poorly crafted Xbox 360s, or so according to the complaint they filed in Federal Court in California. The class-action lawsuit they filed seeks $5 million in damages for Xbox 360 buyers affected by the console which apparently damages game discs, making them unstable and impossible to play. According to the Gamasutra post, Moskowitz lost Gears of War, Crackdown and Saints Row to the console’s scratching. Wood lost Tom Clancy’s Splinter Cell.

After both of the parties contacted Microsoft and reported the problem, they were refused reimbursement or replacement discs. That’s when they decided to take legal action.

Microsoft has acknowledged the obvious defects in its consoles with the red rings of death, but they have yet to acknowledge any defects in their console which scratches discs. Perhaps they will have to add on to the $1 billion they’ve already set aside to deal with the red rings.