Kansas resident Monte Morgan has filed a class action lawsuit against Rock Band creator Harmonix over broken bass drum pedal peripherals.

The suit, filed November 18 in a U.S. District Court for the Northern District of California, said broken foot pedals "deprive [customers] of the value and enjoyment of their purchases."

Harmonix, MTV Networks, Viacom and distributor Electronic Arts are all named in the suit.

The complaint accuses the companies of breach of implied warranty and violations of California business and consumer codes.

The plastic foot pedals for the original Rock Band"s drum kit were notorious for breaking in half under normal use, to the point where EA allowed for exchanges beyond the original 60-day warranty, no receipt necessary.

However, according to the complaint, the defendants ceased the extension, stating that as of October 1, 2008, peripherals are only under warranty if a receipt is provided within 60 days of purchase.

Morgan"s complaint noted that Rock Band 2 sported what Harmonix called a "improved kick pedal with metal plate."

"On information and belief, Defendants modified the kick pedal ... in this fashion to correct the design defect present in the original Rock Band drum pedal," the complaint added.

The defendant is seeking damages, an order enjoining the defendants from from alleged "wrongful conduct" and legal fees.

A rep for MTV Games did not return request for comment as of press time.

Thanks to GameCyte for the tip.