‘Rock Band’ Drum Kits Break, Class Claims

SAN FRANCISCO (CN) - Electronic Arts sells drum kits for its popular "Rock Band" video game that break during ordinary use, according to a federal class action. The class claims the bass drum foot pedal falls apart, and many people buy the product, rather than a competitor's, because it allows them to play drum parts.

Lead plaintiff Monte Morgan claims the kits, sold separately and as part of a bundled peripheral package, come with a defective bass drum foot pedal that falls apart during normal gaming, leaving consumers unable to play the as marketed.

Electronic Arts has sold more than 3.5 million bundled copies of Rock Band in the United States, and thousands of stand-alone drum kits, all of them with the defective pedal, the class claims.

Despite numerous complaints from frustrated gamers, Electronic Arts still pushes the kits without mentioning the defect, according to the complaint.

At first, Morgan says Electronic Arts offered to repair or replace the defective pedals beyond the 60-day warranty. But he says Electronic Arts rescinded the offer, announcing it will "no longer made exceptions to the warranty program" as of Oct. 1. The announcement came just four days before Electronic Arts unveiled its release date for Rock Band 2, which apparently will feature improved drum pedals.

Morgan alleges breaches of implied warranties, violations of consumer law, and unfair competition. He sued Electronic Arts; Harmonix Music Systems, the game's developer; and MTV Networks, the publisher. Morgan wants damages and restitution, an injunction, and attorney fees. He is represented by Brian Strange with Strange & Carpenter of Los Angeles.

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