It's been a bad couple of months for Microsoft's Xbox 360 operation. Not only is it taking a $1bn hit to fix faulty consoles, but it now faces a $5m-plus class-action lawsuit in the US over allegations the console scratches discs inserted into it.

Although claims that the Xbox 360 has a tendency to damage discs have led to the threat of a class-action lawsuit in Europe, this is thought to be the first time anyone has actually taken Microsoft to court over it.

Jorge Brouwer, the Florida-based claimant, is seeking damages in excess of $5m in damages because, he alleges, the console "has caused destructive scratches to the game discs played by the device". The plaintiff is thought to be keen to represent Xbox 360 game owners everywhere who may also have experienced scratched discs.

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The lawsuit was filed earlier this week with the US District Court for Southern Florida, in Fort Lauderdale. Brouwer is seeking a jury trial.

It has not been mentioned how, if he wins the case, any attributed damages will be dispersed amongst other troubled gamers. Perhaps a Bill and Melinda Gates Foundation-style fund could be set-up for distraught Xbox 360 owners worldwide.

The Xbox 360 has been hit by a number of technical problems, including the infamous 'red ring of death', which earlier this month prompted Microsoft to take a $1bn hit by extending the console's warranty from one-year to three, in order to cover hardware failure.