Sony PlayStation 3 ‘Other OS’ Class Action Settlement

A revised settlement agreement worth $3.75 million has been reached in the litigation over the loss of “Other OS” functionality in Sony’s “Fat” PlayStation 3.

The new settlement agreement supersedes an earlier agreement reached last year that failed to earn final court approval.

The Sony PlayStation 3 class action lawsuit began more than seven years ago, after Sony pushed out a firmware update that disabled the PlayStation 3’s functionality that allowed it to run on alternative operating systems like Linux.

Without downloading the v3.21 firmware update, gamers would be unable to play new PlayStation 3 games or Blu-ray videos, or to use the PlayStation Network.

Plaintiffs in the PlayStation 3 class action lawsuit allege firmware v3.21, issued on April 1, 2010, was purposely designed to disable Other OS functionality. They claim the Other OS feature was an essential reason for which they purchased the Fat PlayStation 3.

An earlier version of the PlayStation 3 settlement failed to earn the court’s final approval. After preliminary approval was granted and the parties began taking steps to administer the settlement, U.S. District Judge Yvonne Gonzalez Rogers withheld final approval in February 2017.

Judge Rogers expressed concerns that the claims process required proof that many Class Members would not be able to provide. Claimants would have had to provide proof of purchase of a PlayStation 3 during the qualifying period, plus evidence that they used the Other OS functionality, that it played into their decision to purchase the product, or that they lost value because of the firmware update.

The judge was also concerned that only 11,300 claims had been filed despite 10 million relevant units having been sold.

Under the new version of the settlement, qualifying Class Members who submit valid and timely claims can get payments of up to $65 – an increase over the previous settlement’s $55 and $9 payments for members of two separate Classes.

Class Members who previously submitted a claim in connection with this settlement do not need to submit another claim. These Class Members may contact the settlement administrator with any questions about their prior claims or to update their contact information.

Class Members can object to the settlement’s terms or exclude themselves from the settlement by filing a written request by April 15, 2018.

Who’s Eligible

The settlement Class covers U.S. persons who, between Nov. 1, 2006 and April 1, 2010, purchased a Fat PlayStation 3 in the United States from an authorized retailer and for personal or household use, and who either used the Other OS functionality, knew about that functionality, or “contends or believes that he or she lost value or desired functionality or was otherwise injured as a consequence of Firmware Update 3.21 and/or the disablement of Other OS functionality in the Fat PS3.”

Potential Award

Up to $65

Actual payment amounts will depend in part on how many Class Members submit valid and timely claims.

Proof of Purchase

Among other information, claimants must provide at least one of the following:

• their PlayStation 3 serial number;
• the PlayStation Network Sign-In ID (email address) used to create a PlayStation account associated with their PlayStation 3; or
• the PlayStation Network Online ID (the player’s handle used for communicating and playing games on the PlayStation Network) associated with the PlayStation account linked to their PlayStation 3.

Claim Form

CLICK HERE TO FILE A CLAIM »

Class Members who previously submitted a claim in connection with this settlement do not need to submit another claim.

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

4/15/2018

Case Name

In re: Sony PS3 “Other OS” Litigation, Case No. 4:10-cv-01811-YGR, in the U.S. District Court for the Northern District of California

Final Hearing

5/29/2018

UPDATE: The Sony PlayStation 3 ‘Other OS’ Class Action Settlement was granted final approval on June 8, 2018. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

UPDATE 2: On July 16, 2018, an appeal to the Sony PlayStation 3 ‘Other OS’ Class Action Settlement was filed. .  Claims will not be paid until all appeals are exhausted.  We appreciate your ongoing patience. Top Class Actions will continue to provide updates as we learn more.  

UPDATE 3: On September 10, 2018, the appeal to the Sony PlayStation 3 ‘Other OS’ Class Action Settlement was dismissed.  It is not known how quickly claims will be paid.  Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

Settlement Website

www.OtherOSsettlement.com

Claims Administrator

In re Sony PS3 “Other OS” Litigation
c/o Garden City Group LLC
P.O. Box 10312
Dublin, OH 43017-5912
info@OtherOSsettlement.com
1(855)720-1264

Class Counsel

James Pizzirusso
HAUSFELD LLP

Gordon M. Fauth
FINKELSTEIN THOMPSON LLP

Kathleen V. Fisher
CALVO FISHER & JACOB LLP

Defense Counsel

Luanne Sacks
Michele Floyd
Michael Scott
SACKS RICKETTS & CASE LLP