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Forums - Sony - Sony gets a class action

 

Anyone here had problems updating their firmware?  Apparently Sony will refuse to repair your system if you do.  I don't see how this is fair if its a forced upgrade, Sony should just go ahead and repair this problem.  Sometimes this stuff just happens and there is no need in creating all of this bad press and lawsuit.  

 

Hopefully these guys get their systems repaired for free and their lawyer bills paid for.

 

Two men, from Texas and Iowa, are launching a class-action lawsuit against Sony after their PS3 consoles were bricked during a recent firmware update.

One console was broken upgrading to firmware 3.0, the other installing 3.1. Both claim that upon contacting Sony's customer support, they were told the machine failures were "coincidental", and that to fix the console they'd need to pony up a $150 repair charge.

The sexiest part of the suit reads:

Defendant's unlawful, unfair, and fraudulent business practices include, but are not limited to, misrepresentations regarding the fitness of the PS3 and software updates, failing to disclose defects in the system and software updates, and refusing to repair PS3 systems free of charge.

The pair have listed every PS3 owner in the US on the suit, and are seeking from Sony "unspecified damages and restitution".

 

 

http://kotaku.com/5397445/ps3-lawsuits-upgraded-to-version-301



"If you've got them by the balls their hearts and minds will follow."

Quote by- The Imortal John Wayne, the original BADASS!

 

 

 

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This sucks and I'd like Sony to fix them for free even if the guys have to ship it.

But a class action lawsuit for something they have to sign an agreement for which most likely contains literature to clean sony's hands isnt going to ever fly.

Especially when there are probably 99% of people this never happened too.

Class action lawsuits dont work when there isnt a large number of people with something happening in which they dont sign an agreement.

A better solution is dont fix the PS3, buy a 360 and dont support Sony products. This isnt class action worthy.



sony said it was completely coincidental and I agree. The problems that people have had with firmware updates have been fixed. Sony would have fixed these if there was a problem with the FW.



Well, thats one way to make money and thats actually what Sony needs atm. The way they are doing it is quite dubious however. :)



I dont know, if a forced upgrade bicks your system, these customers should have the right to a free repair.



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steverhcp02 said:
This sucks and I'd like Sony to fix them for free even if the guys have to ship it.

But a class action lawsuit for something they have to sign an agreement for which most likely contains literature to clean sony's hands isnt going to ever fly.

Especially when there are probably 99% of people this never happened too.

Class action lawsuits dont work when there isnt a large number of people with something happening in which they dont sign an agreement.

A better solution is dont fix the PS3, buy a 360 and dont support Sony products. This isnt class action worthy.

Why even bring the 360 into this?

If your forced into updating your firmware to the next version, its bullshit if you are the 1 guy that gets unlucky and it bricks your system.

Your probably talking about this agreement. Sorry its in all caps....

 

"SCE AND ITS AFFILIATED COMPANIES EXCLUDE ALL LIABILITY FOR ANY LOSS OF DATA, LOSS OF PROFIT, OR ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL HOWEVER ARISING, AS A RESULT OF ACCESSING TO OR USING THE SYSTEM SOFTWARE OR ANY OF THE CONTENTS, PROGRAMS, FEATURES OR SERVICES ON OR PROVIDED THROUGH THE SYSTEM SOFTWARE. SO LONG AS THIS PROVISION IS ENFORCEABLE IN YOUR JURISDICTION, THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE."

 

Most communities have a law against these type of blanket agreements.  Thats why these guys could find a lawyer to take the case (more than likely for free just to pocket lots when they settle).



"If you've got them by the balls their hearts and minds will follow."

Quote by- The Imortal John Wayne, the original BADASS!

 

 

 

Sony isn't refusing to fix their PS3's.  If they want it fixed, outside of warranty, then they need to pay the fee.  I'm sure that there is no way these two men can prove without a doubt that the updates killed their systems. 

They were told it was coincidental and unless they can prove otherwise then they are shit out of luck.



All I have to say is have fun proving it was Sony's fault and not a coincidence because that's what they have to do.  They're the ones with the burden of proof.



It shouldn't be to hard proving that the update killed their system. I would imagine anyone who repairs these consoles could detect if its a firmware (basically bios) flash error or not.



"If you've got them by the balls their hearts and minds will follow."

Quote by- The Imortal John Wayne, the original BADASS!

 

 

 

twesterm said:

All I have to say is have fun proving it was Sony's fault and not a coincidence because that's what they have to do.  They're the ones with the burden of proof.

I guess we all better start videotaping our TV's when we install new firmware.



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