A California resident by the name of Randy Nunez has brought a class action suit against Microsoft and Bungie alleging that Halo 3 consistently causes consoles to “crash, freeze or lock up” and that it is not fit for its purpose of being played on the 360.

About a month ago, Microsoft told Register Hardware that it's aware of a problem which stops the game from loading correctly, but refused to give any further explanation.

Nunez claims that despite mounting consumer complaints and inquiries concerning this operational flaw, Microsoft and Bungie have failed to recall the game, which is odd since Microsoft has offered to replace faulty copies of the game at no charge through December 31, after several reports indicated that Halo 3 Limited Edition game discs were found scratched due to poor packaging. The class action lawsuit seeks over $5 million in damages.