Anne Bucher  |  June 22, 2016

Category: Consumer News

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PS3Sony Interactive Entertainment America LLC has reportedly agreed to settle a class action lawsuit accusing it of releasing a 2010 firmware update that disabled the “Install Other OS” feature on its Sony PlayStation 3 consoles.

Under the terms of the proposed Sony PS3 class action settlement, consumers who purchased a Fat PS3 between Nov. 1, 2006 and April 1, 2010 may be eligible for a cash payment of either $9 or $55.

Sony will reportedly pay $9 to Class Members who knew about and intended to use the “Install Other OS” feature. Sony will pay $55 to Class Members who actually utilized the “Other OS” functionality.

Class Members will be required to submit a Claim Form in order to receive benefits from the PS3 firmware update settlement.

According to the Sony PS3 class action lawsuit, approximately 10 million PS3 units were sold in the United States. Consumers reportedly paid between $400 and $600 for the PS3 consoles.

The Sony class action lawsuit, which was originally filed back in April 2010, alleges that Sony marketed the PS3 as having to run an operating system such as Linux in addition to the game operating system. However, the plaintiffs allege that Sony disabled the “Install Other OS” feature with its firmware update 3.21 and that, as a result, they lost value and/or desired functionality of the gaming console.

Several similar Sony PS3 class action lawsuits were subsequently filed and the cases were consolidated as In re: Sony PS3 “Other OS” Litigation. The plaintiffs asserted claims for violations of California’s Unfair Competition Law, Consumers Legal Remedies Act, False Advertising Law, the Computer Fraud and Abuse Act, the Magnuson-Moss Warranty Act, breach of warranty, conversion and unjust enrichment.

In December 2011, the Sony PlayStation class action lawsuit was dismissed without leave to amend the complaint. The plaintiffs subsequently appealed the decision, and in January 2014, the 9th U.S. Circuit Court of Appeals revived the Sony PS3 lawsuit, allowing the plaintiffs’ claims under California’s Unfair Competition Law, False Advertising Law and the Consumers Legal Remedies Act to proceed. The plaintiffs filed an amended Sony class action lawsuit in May 2014.

Sony denies any liability and asserts that it had the right to remove the “Other OS” feature pursuant to its terms of service. Sony also argues that the “Other OS” functionality was not material to most purchasers of the PS3 gaming console. However, Sony has agreed to settle the PS3 class action lawsuit to avoid the burden, uncertainty and expense associated with ongoing litigation.

Instructions on how to file a claim for the PlayStation class action settlement were not immediately available. Keep checking TopClassActions.com or sign up for our free newsletter for the latest updates. You can also mark this article as a “Favorite” using your free Top Class Actions account to receive notifications when this article is updated.

The plaintiffs are represented by Rosemary M. Rivas of Finkelstein Thompson LLP, Kathleen Fisher of Calvo Fisher & Jacob LLP and James Pizzirusso of Hausfeld LLP.

The Sony PS3 Firmware Update Class Action Lawsuit is In re: Sony PS3 “Other OS” Litigation, Case No. 4:10-cv-01811, in the U.S. District Court for the Northern District of California.

UPDATE: The Sony PlayStation 3 “Other OS” class action settlement is now open! Click here to file a claim!

UPDATE 2: December 2017, 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. Click here to file a claim.

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4 thoughts onSony Settles PS3 Firmware Update Class Action Lawsuit

  1. Top Class Actions says:

    UPDATE: The Sony PlayStation 3 “Other OS” class action settlement is now open! Click here to file a claim!

  2. Dolores Childs says:

    Where do I file and how.we been buying these ps3’s over and over. Where do we file a claim.? Thx

  3. Adalberto Reyes says:

    I bought a PS3 and had problems

  4. Yamil Rodriguez says:

    I bought my ps3 on 2009 and couldn’d use the OS button

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