I don't think anyone who would've tried might've gotten away with it. All electrical high end consumer goods are subject to a certain rate of failure and that's why MS as well as any other manufacturer only offer a limited warranty on their product as a first line of defense against such litigation, even thouhg the design deficiencies of the 360 had been throughly documented. When the rate of failure problem escalated to the point of it becoming a serious embarrasment to MS, I guess MS had no choice but to extend their warranties by offering "free" console "repairs" (i.e. replacement), nevermind the facts that 1) you had to cover the cost of shipping the damn thing to the "repair center", 2) certain DLC wouldn't work right since the DLC's licence was tied to the previous console, not the current one you were sent and 3) that replacement console was just as prone to failure as the first one you bought. I supposed that by doing that while they worked at redesigning the 360 they managed to cool many an angered customer, but still they should've done more to rectify design issues from the get go or otherwise properly inform customers on the proper conditions in which to keep their consoles as cool as possible, since overheating (plus poor design) is definitely the main culprit of most RRODs. But disregarding any of the above, trying to sue a monster like MS over this would've been utterly futile, whether as a standalone or class action suit. They certainly knew and possibly bet on the fact that any irate customer would soon come to realize that the costs of litigation would've been simply staggering when compared to the extremely lower cost of sending a dead 360 for repairs or even simply buying a new console. It still sucks, but that's the plain truth right there.