Last week Sony put out a new version of their terms of service which had to be accepted by users in order to play games on the PlayStation Network (PSN). This updated ToS requires users to give up their right to participate in class action lawsuits against Sony. It turns out there is a way to opt of this particular clause in the ToS and still play games online.
Version 12 of Sony’s ToS forced users to give up their right to participate in class action lawsuits against the company, instead making them participate in arbitration with Sony individually and out of court. If a user didn't accept the ToS they couldn't play games online, it was just that simple. GiantBomb is reporting that it really isn’t quite so simple. There is some text in the ToS that provides users with the ability to opt out of the class action lawsuit stipulation.
The opt-out section is buried deep in the ToS language, something that most end users don’t read all the way through. It reads,
"If you do not wish to be bound by the binding arbitration and class action waiver in this Section 15 you must notify SNEI [Sony Network Entertainment] in writing within 30 days of the date that you accept this agreement."
So in order to opt-out you must first accept the updated ToS then, within 30 days, you need to send SNEI a letter including the following information: name, PSN account, and "clear statement that you do not wish to resolve disputes with any Sony entity through arbitration."
It would be wise to make sure that statement is very clear because if it is questionable in any way it may not be accepted. Once you have all of that information in a letter you can send it off to SNEI at:
6080 Center Drive
10th Floor
Los Angeles, CA 90045
Attn: Legal Department/Arbitration
Attn: Sony Legal Department: Dispute Resolution
With or without this letter Sony may not be able to enforce this ToS in a court of law. Washington attorney Thomas Buscaglia addressed this idea saying,
"This is certainly not standard practice by any standards...in fact it may well not be enforceable. Time will tell on that one. The US Federal Trade Commission and various state consumer protection agencies could have a problem with it. Also, some courts might not allow it to be enforced due to existing state court precedent."
In other countries, like Australia and Europe, this class action lawsuit clause just doesn’t apply. Those countries have laws in place to protect their citizens from this kind of funny business. Kotaku Australia went ahead and confirmed the ToS does not affect Australia or Europe.
I’m personally going to send an opt-out letter to Sony. Class action lawsuits may not produce a lot of money for each individual participating in them but they provide consumers with power against a major corporation. In many situations these types of group lawsuits are the only way to fight with a large company in a way that makes sense and could potentially be productive. By stuffing these discussions behind closed doors and forcing consumers to take on Sony one-on-one, it puts consumers at a disadvantage and allows Sony more power to do whatever they wish with few repercussions.
Did you accept the updated ToS? Will you pay the cost of a stamp to opt-out of the class action lawsuit nonsense? Let us know in the comments.
