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A settlement has been reached in a class action lawsuit alleging Sony Mobile Communications (USA) Inc. and Sony Electronics Inc. deceptively advertised some of its Xperia mobile devices as waterproof.
If you purchased a Sony Xperia mobile device, you may be entitled to benefits from the class action settlement.
The Xperia class action lawsuit was filed on April 14, 2017. The plaintiffs allege Sony designed, distributed, advertised and sold Xperia mobile devices that were misrepresented as waterproof. The plaintiffs claim that the Xperia devices couldn’t withstand prolonged exposure to wet environments despite advertisements for the mobile devices reportedly showing the phones being used underwater in swimming pools and filming fish.
“In reality, Sony’s so-called waterproof Devices are not waterproof and are not designed for or capable of ordinary underwater use,” the Xperia class action lawsuit alleges. “Following some reports of screens dying, phones repeatedly locking, damaged audio functions, and phones failing altogether, Sony changed its messaging.”
Sony denies the allegations and maintains that its Xperia devices are not defective. However, it has agreed to settle the Xperia class action lawsuit to avoid the cost and risk of ongoing litigation.
Under the terms of the Xperia class action settlement, Sony has agreed to provide a warranty extension, changes to labeling, packaging and advertising, and potential compensation for water-related warranty claim rejections.
The Xperia class action settlement was preliminarily approved on Aug. 3, 2017.
The deadline to object to or opt out of the Sony class action settlement is Nov. 1, 2017.
Who’s Eligible
Class Members of the Sony class action settlement include anyone who purchased, own(ed), received as a gift or received as a customer service exchange a Sony Xperia mobile device before Aug. 3, 2017.
The following Xperia devices are covered by the Sony class action settlement:
- Xperia M2 Aqua
- Xperia M4 Aqua
- Xperia ZR
- Xperia Z Ultra
- Xperia Z1
- Xperia Z1 Compact
- Xperia Z1s (T-Mobile)
- Xperia Z2
- Xperia Z3
- Xperia Z3 Compact
- Xperia Z3 (T-Mobile)
- Xperia Z3v (Verizon)
- Xperia Z3 Dual
- Xperia Z3+ Dual
- Xperia Z3+
- Xperia Z5
- Xperia Z5 Compact
- Xperia Z2 Tablet (WiFi)
- Xperia Z2 Tablet (LTE)
- Xperia Z2 Tablet (Verizon LTE)
- Xperia Z3 Tablet Compact (WiFi)
- Xperia Z3 Tablet Compact (LTE)
- Xperia Z4 Tablet (WiFi)
- Xperia Z4 Tablet (LTE)
Potential Award
Sony has agreed to provide the following benefits to eligible Class Members:
Claim Reimbursement: Class Members who had claims for water-related damage denied by Sony for warranty coverage will receive a check for 50 percent of the Manufacturer’s Suggested Retail Price (MSRP) of the mobile device.
Warranty Extension Program: Sony has agreed to extend the limited warranty for damage caused by water intrusion by an additional 12 months for mobile devices with a warranty that was effective as of Aug. 3, 2017, or an additional six months for mobile devices that were out-of-warranty as of Aug. 3, 2017.
Advertising Changes: Sony has agreed to make changes to the use of the terms “water proof,” “water resistance,” and similar terms in the advertising of the Xperia devices.
Proof of Purchase
Class Members who make a claim for water-intrusion damages must provide a copy of the documentation from Sony rejecting or denying the claim.
Claim Form
Claim Form Deadline
1/30/2018
Case Name
Landes v. Sony Mobile Communications (USA) Inc., et al., Case No. 2:17-cv-02264-JFB-SIL, in the U.S. District Court for the Eastern District of New York
Final Hearing
12/1/2017
Settlement Website
Claims Administrator
Landes v. Sony Mobile Communications (USA) Inc., et al.
c/o Heffler Claims Group
P.O. Box 60257
Philadelphia, PA 19102-0257
1-844-367-8807
info@XperiaWaterproofSettlement.com
Class Counsel
Nancy A. Kulesa
Shannon L. Hopkins
LEVI & KORSINKY LLP
Defense Counsel
John P. Hooper
KING & SPALDING LLP
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5 thoughts onSony Xperia Waterproof Class Action Settlement
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Landes v. Sony Mobile Communications (U.S.A.), Inc. et al.
Case No. 2:17-cv-2264-JFB-SIL – U.S. District Court for Eastern District of New York
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what about if you had a Xperia Z3V, it died from water damage, and you ended up just buying a new phone?
Is there protection for this? It died much earlier than the contract….
Does the Sony Xperia Z count as part of this? I dont see just the “Z” on the list. It was also advertised as water proof.
I have the Xperia Z1s that has gotten water inside of it but it was purchased without a warranty. Is it any way possible to file a claim without submitting to Sony a claim about water damage or is that the only way I can go about doing a claim for the lawsuit? Please let me know. My phone shut off and didn’t turn back on until I plugged the charger in after getting wet. I had to keep every flap open for it to dry out. It took a few days for the foggyness to leave my camera lens in the front and back of the phone.