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|Sony Hit with Class Action Over "No Class Action" Clause|
- Wednesday, 07 December 2011 02:00
Sony Hit with Class Action Over "No Class Action" Clause
By Sarah Pierce
According to the Sony PlayStation class action lawsuit, Sony forced even longtime owners of the game system to agree to the new terms – including mandatory arbitration – if they wanted to keep using Sony’s online gaming and entertainment network. The mandatory arbitration clause was purposefully hidden in a 21-page-long new terms of service contract in order to discourage members from actually reading the entire contract and discovering they were giving up their rights to sue, the lawsuit says.
Sony further discouraged uses from invoking the arbitration clause by including language that makes it difficult for users to recover their attorneys’ fees.
“Even if a user prevails in arbitration against any defendant or other Sony entity, if the claim is less than $75,000, a user can only recover his or her attorney's fees if he or she has first provided notice to, and negotiated in good faith with, the defendant before pursuing arbitration,” the class action lawsuit points out.
The Sony PlayStation terms of service class action lawsuit is seeking restitution, declaratory judgment, an injunction, costs and damages for breach of faith and fair dealing, and unfair competition.
A copy of the Sony PlayStation Terms of Service Class Action Lawsuit can be read here.
The case is Stephen Fineman v. Sony Network Entertainment International LLC, et al., Case No. 11-cv-05680, U.S. District Court, Northern District of California.
Updated December 7th, 2011
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Last Updated on Thursday, 27 December 2012 11:09