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GAMING NEWS

New Law Could Prevent Sony Class Action Lawsuit

Posted on Thursday, April 28 @ 11:45:38 Eastern by Blake_Morse

Remember the other day when I told you about the guy who filed a class action lawsuit against Sony for criminal negligence then pointed out that there was probably a clause in the TOS that would prevent it, then Nick found said clause? Well, now there's another kick to Kristopher Johns' big balls making headlines today via the U.S Supreme court, who just ruled that Companies can block class action lawsuits.

An article published in the Chicago Tribune stated that the ruling stems from a California law suit involving AT&T and a $30 fee they were charging customers for mobile use:

Justice Antonin Scalia said companies may require buyers to sign arbitration agreements, and those agreements may preclude class-action claims. Chief Justice John G. Roberts Jr. and Justices Anthony Kennedy, Clarence Thomas and Samuel A. Alito Jr. formed the majority.

Scalia said companies like arbitration because it is efficient and less costly. "Arbitration is poorly suited to the higher stakes of class litigation," he said.

But the dissenters said a practical ban on class action would be unfair to cheated consumers. Justice Stephen G. Breyer said the California courts had insisted on permitting class-action claims, despite arbitration clauses that forbade them. Otherwise, he said, it would allow a company to "insulate" itself "from liability for its own frauds by deliberately cheating large numbers of consumers out of individually small sums of money."


So basically, this ruling could change the laws so that instead of a group of people all filing for a small amount of a large lump sum each person would have to file individually for a much smaller claim making the likelihood of a claim actually being filed slim. Because let's face it, how many people are going to go through the hassle of filing a complaint, then dealing with hours of arbitration and legal documents? Probably not a lot, at least the ones with anything going on in their lives.

Personally this pisses me off as it seems to put the welfare of big businesses above the rights of the consumer and that just doesn't sit right with me. It's a said state of affairs when U.S laws protect big companies more than their citizens well being.

How this will effect this particular suit against is yet to be seen, but with both it and the AT&T suit stemming from California I wouldn't get my hopes up of Sony actually paying for their fuck up.

[Source]



Tags:   Sony, PSN


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Comments
  • DaVillain
    DaVillain

    Joined: Apr 2011
    Posted: Apr 28th, 2011 at 12:48 pm
    Thats is just ridiculous. In this capitalist society the little guy is always put down by big businesses' who give money to lobbyist and probably supreme court judges to ensure they keep making large amounts of cash. So sad indeed
  • DaVillain
    DaVillain

    Joined: Apr 2011
    Posted: Apr 28th, 2011 at 12:48 pm
    Thats is just ridiculous. In this capitalist society the little guy is always put down by big businesses' who give money to lobbyist and probably supreme court judges to ensure they keep making large amounts of cash. So sad indeed
  • sara_gunn
    sara_gunn

    Joined: Oct 2008
    Posted: Apr 28th, 2011 at 12:57 pm
    This is a ****ed up situation.

    That being said, it doesn't necessarily mean that Sony won't suffer. See, if I was Anonymous (I'm totally not), I would use all of this information I had just obtained to steal millions of identities. Yeah, that's pretty shitty for all of Sony's customers, but I like to think they would be sacrificing for the greater good. If consumers start to suffer personally for Sony's utter lack of liability, they'll leave. They'll take their business elsewhere. They'll come join all us cool kids on XBox Live. And then Sony will have nothing. They can have all the sketchy business practices in the world but if people won't ACTUALLY give them their money, they won't have jack. Then we can all go back to selling our bodies and souls to Steve Jobs like we're supposed to.
  • Klandathu
    Klandathu

    Joined: Apr 2008
    Posted: Apr 28th, 2011 at 1:33 pm
    @sara_gunn: You honestly think screwing over 70 million people will benefit the "greater good?" I vaguely recall some European dude in the 1930's and 40's who had roughly the same mindset. I don't remember how it ended, but it probably wasn't good.

    There are some shady business and legal practices at work here, but further victimizing the victims is no way to fix things. Two wrongs don't make a right.
  • sara_gunn
    sara_gunn

    Joined: Oct 2008
    Posted: Apr 28th, 2011 at 1:59 pm
    We're talking about the system, not lives. I never said anyone should die. I just think the system is utterly FUBAR. Also, I was being fairly sarcastic (I thought the bit about Steve Jobs gave it away) but I really do think that there's not any legal way for Sony to get what's coming. It'll just have to come from somewhere else.
  • Klandathu
    Klandathu

    Joined: Apr 2008
    Posted: Apr 28th, 2011 at 3:30 pm
    Well then...carry on with my apologies.
  • sara_gunn
    sara_gunn

    Joined: Oct 2008
    Posted: Apr 28th, 2011 at 4:39 pm
    *blinks*

    Wow. I don't think I've ever seen anyone apologize on the internet before. Usually it takes all of ten posts before we've reduced ourselves to children on a playground (NO UR A FAG LOLZ!!!!1!). It's no problem. I actually love to argue, so we could have gone on all day if you wanted to. Cheers!
  • Klandathu
    Klandathu

    Joined: Apr 2008
    Posted: Apr 28th, 2011 at 5:43 pm
    Also, sorry for comparing you to Hitler. That wasn't very nice.
  • Ranim
    Ranim

    Joined: Nov 2005
    Posted: Apr 28th, 2011 at 6:56 pm
    This probably won't survive a writ.
  • sara_gunn
    sara_gunn

    Joined: Oct 2008
    Posted: Apr 28th, 2011 at 11:16 pm
    @Klandathu: I actually thought that was hella funny. No worries ;)

    Also, the suit has been filed, and here it is, if anyone cares to read it (below the article):

  • sara_gunn
    sara_gunn

    Joined: Oct 2008
    Posted: Apr 28th, 2011 at 11:18 pm
    Okay, apparently Game Rev thinks the link is spam but it's over on cnet if anyone wants to look it up.

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