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New PSN Agreement Prevents Users From Filing Class Action Lawsuits Against Sony

They always say you should read the fine print in Terms of Service agreements, but how many of us do? As it turns out, by agreeing to the new PSN user agreement, you're forfeiting some of your legal rights.

Starting today, there is an update being implemented to the PlayStation Network Terms of Service. Buried in the text is a clause that essentially forbids users from taking part in a class action lawsuit against Sony.

Here's the text:

ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGALACTION, UNLESS BOTH YOU AND THE SONY ENTITY WITH WHICH YOU HAVE A DISPUTE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.  THIS PROVISION DOES NOT PRECLUDE YOUR PARTICIPATION AS A MEMBER IN A
CLASS ACTION FILED ON OR BEFORE AUGUST 20, 2011.

However, there is a way to opt out of this portion of the agreement. However, as is often the case, it takes a lot of legwork on the part of the user. Here are the details:

IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION 15, YOU MUST NOTIFY SNEI IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT.  YOUR WRITTEN NOTIFICATION MUST BE MAILED TO 6080 CENTER DRIVE, 10TH FLOOR, LOS ANGELES, CA 90045, ATTN: LEGAL DEPARTMENT/ARBITRATION AND MUST INCLUDE:  (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR PSN ACCOUNT NUMBER, IF YOU HAVE ONE, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH ANY SONY ENTITY THROUGH ARBITRATION.

This move is likely a reaction to the class action lawsuit filed by some PSN users following the hacking scandal earlier this year in which user data and, in some cases, credit card information was compromised.

Source: Examiner.com

[Thanks to GI reader Joe for the news tip]

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Comments
  • Oh god does anybody else find this as funny as I do? Its like Sony saying "ffs we know we messed up now quit trying to file lawsuits against us!"
  • I'm sorry, but that's just....yeah, completely wrong. I interpret this as: "Oh no, we screwed up majorly! Hey, I know! We stop them from suing us by being total noobs!"
  • lol i just started the update 5 mins before reading this.

  • Well that...sucks...a lot. I don't own a PS3, but still, ouch.

  • thanks sony you know exactly what we psn users love namely being *** over. gimme a *** break. they get hacked for a *** month and then they violate our *** legal rights. god I'm glad i have an xbox as well that way when sony gets hacked by angry users pissed by this ill be able to play online games. *** yourself sony. if uncharted and infamous and resistance wasnt for ps3 id throw mine through a sony office window
  • Hmm, I don't like this.

  • PSN's starting to sound a lot like hospitals. "Sign this so if/when we screw you over, you can't sue us!"
  • This just sounds wrong..... Or is it me? Still, Sony...the hell are you thinking. So that sh*** letter was just a f*cking joke.
  • I agreed with Playstation only because paying someone to sue the coumpany or anyone costs more then a litte money that I do not plan to waste money on mouths of arguing and paying the lawer bill no thanks at all although I do wish the people who are sueing Sony win because what happend to use if allagations are true shame on Sony for not pretecting us the royal customs from hackers

  • How irritating. I'm glad I saw something about this.

  • Smart move XD bad for us users though why would we sue sony anyway, sure there was the hackers attack but nothing was stolen, there are no reports about fraudulent credit card uses related to psn.Nothing is against hacking people, to me people just like to sue when they have the chance and get money for free.

  • Mmm... this actually upsets me a little bit. I will have to consider whether it is worth it to me to go ahead and update.
  • These User Agreements should come with a simplified version that the average person can actually understand...
  • Why is everybody so angered by this? They should have the right to do this simply because lawsuits are just annoying and useless in the first place. I never plan on filing a lawsuit against anybody because it's just a hassle and it doesn't make anything better. In fact, they do reserve the right to do whatever they want with their fine print, and if you don't want to agree with it, then you don't have to!
  • DUDE! sony is starting to step up security!
  • well it's not like i was planning to sue sony anyway, so nbd

  • i gotta check my ps3 for something..

  • Well that sucks :/

    But what else would you expect when some whiners are just trying to milk Sony. I'm not trying to defend Sony here because what happened was bad, really bad. I just can't help it and think that SOME (maybe all, who knows) of the people that actually filed a lawsuit are just fakers.
  • Okay, now I have no doubt that pissing off customers after all the PSN saga is the last thing on Sony's mind. But this seems like they're just trying to get some legal proofing in case things are to awry. Not only it sends a wrong message to PSN users but also sounds shady.

  • OK so what if I don't agree to these new terms? Does that mean i can never play anything online on PS3 ever again? *** you all
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