ContractsProf Blog

Editor: Jeremy Telman
Oklahoma City University
School of Law

Monday, September 19, 2011

Sony Adds Class Action Waiver to PlayStation User Agreement

Sony updated its PlayStation Network user agreement with a shiny new class action waiver.  It made the news.  From the New York Times

The update, which has been titled “Section 15,” was buried in the company’s 10,869-word agreement and was not publicly announced by Sony.

The new section requires users to agree that they will not join any class-action suits against Sony in the future, and that if they do file a suit against the company, it will be done only on an individual basis. 

When subscribers attempt to log into the network with their PlayStation consoles, they will be prompted to agree to the revised terms via clickwrap.  If subscribers do not agree, they are denied access to the network. However, according to the New York Times and BBC, subscribers may "opt out" of the class action waiver by sending a written letter to Sony headquarters in the next 30 days requesting not to be included in the agreement. (I would pay to see these letters, if any).  Here is the address, via CNET:

6080 Center Drive, 10th Floor
Los Angeles, CA 90045
Attn: Legal Department/Arbitration

Apparently, the new terms were a response to lawsuits (including some class actions) after the PlayStation Network was "attacked by hackers."

[Meredith R. Miller]

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You can preserve your rights by typing, printing, stamping, enveloping, and mailing a letter, or give away rights by clicking "okay".


Posted by: Matt | Sep 20, 2011 7:54:27 AM