Ninth Circuit Reinstates Claims Against Sony for Removal of the Other Operating System E-mail
January 08, 2014

PlayStation®3 (“PS3”) owners won a significant appeal that will allow consumers to pursue their claims that Sony caused damages by disabling the heavily advertised ability to run another operating system and use the PS3 as a computer. In an unpublished decision issued on January 6, 2014, the Ninth Circuit found that Plaintiffs had pled valid claims for violations of California’s Consumer Legal Remedies Act, and California’s False Advertising and Unfair Competition Laws.

The Ninth Circuit reversed in part the District Court’s dismissal of the complaint and remanded for further proceedings. Specifically, the Ninth Circuit held that the plaintiffs “adequately have alleged that members of the public were likely to be deceived by Sony’s advertising and promotional statements about the PS3[],” and “sufficiently [have] allege[d] that Sony caused them substantial injury by charging a premium for the PS3’s dual functionality and then discontinuing access.” Our firm serves as one of the Interim Co-Lead Counsel for the plaintiffs and the class.

To see the opinion, click here.

To see media coverage, click here.