Some Xbox 360 owners have been upset over the system scratching their discs and are trying to serve Microsoft with a class-action lawsuit. Now, the Supreme Court will decide whether or not the company will have to face it.

The Court agreed January 15 to hear Microsoft’s appeal, which argues the scratched discs result from misusing its product and not a defect (via Associated Press). Microsoft claims that out of the 80 million Xbox 360 systems they’ve sold, only 0.4 percent of owners have reported disc scratching.

It was dismissed in 2012 with a judge ruling there were not enough complaints to justify the use of a class action lawsuit. However, it has since been reversed by a federal appeals court, allowing it to move forward.