Sony Vaio Touchpad Class Action Settlement Gets Preliminary Approval

A California federal judge granted preliminary approval Tuesday to a class action settlement between Sony and a group of Vaio laptop buyers who allege the computers’ touchpads were defective.

U.S. District Judge Cynthia Bashan OK’d the deal, bringing closure to nearly seven years of contentious litigation, saying the settlement was fair, reasonable and adequate.

“The settlement agreement appears to be the product of serious, informed, noncollusive negotiations and falls within the range of possible approval as fair, reasonable and adequate,” Judge Bashan stated.

Under the terms of the settlement, Sony will reimburse each Class Member who purchased a Sony Vaio laptop with defective touchpads 65 percent of their out-of-pocket repair costs, up to $200 with proof of repair, or $25 without proof of repair.

The putative class action lawsuit, filed back in 2009, alleges Sony knowingly sold defective Vaio touchpads that caused the cursor to freeze, move erratically, and randomly open and close Windows or other programs.

Deemed “whiskering,” the defect involved “needle-like protrusions splitting from tin-finished surfaces,” court documents indicate.

Originally filed in November 2009, the complaint was amended and consolidated with plaintiffs alleging violations of the California Consumers Legal Remedies Act, the Magnuson-Moss Warranty Act, and the New Jersey Consumer Fraud Act.

The buyers moved for class certification and on Sept. 25, 2013, the court certified two classes consisting of California and New Jersey residents who purchased a Sony Vaio laptop series SZ, FZ, NW, EB or F, during the period Mar. 16, 2006 through Jan. 3, 2016.

In response to the consolidated complaint, Sony unsuccessfully motioned for summary judgment to decertify the Class, arguing that only one percent of users experienced issues from the Sony Vaio touchpad defect and were unaware of the defect when during the period when the affected Vaio laptops were sold.

The tech giant further claimed that most issues with the defective Sony Vaio touchpads were minor and repaired at no cost.

Judge Bashan rejected Sony’s motion in part, striking claims for relief for negligence and strict liability, and the case was readied for trial.

However, in September, a proposed settlement was reached between the parties in which Sony agreed to pay attorneys’ fees and court costs in exchange for releasing Sony from the Class Members’ claims.

The settlement also provides that Sony does not admit liability and “vigorously” denies any and all allegations.

A final fairness hearing is scheduled for July 17.

Top Class Actions will post updates to this class action settlement as they become available. For the latest updates, keep checking TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the “Follow Article” button at the top of the post.

The Sony Vaio laptop buyers are represented by John Gomez and Deborah Dixon of Gomez Trial Attorneys; Helen Irene Zeldes, Alreen Haeggquist and Aaron M. Olsen of Zeldes Haeggquist & Eck LLP; and William James Doyle II, John A. Lowther and James R. Hail of Doyle Lowther LLP.

The Defective Sony Vaio Touchpads Class Action Lawsuit is In re: Sony Vaio Computer Notebook Trackpad Litigation, Case No. 3:09-cv-02109, in the U.S. District Court for the Southern District of California.

UPDATE: The Sony VAIO Computer Notebook Trackpad Class Action Settlement is now open! Click here to file a claim.