Class action move

Oct 7, 2009 07:59 GMT  ·  By

It seems that the level of frustration of those affected by problems introduced by the firmware 3.00 update for the PlayStation 3 has reached boiling point. One man from Florida took action against Sony by filing a class action suit against the Japanese console manufacturer alleging that the update had affected his gaming console, causing it to malfunction and leading to fixes that cost him a lot of money.

The original complaint, which was obtained by Courthouse News, is in the name of John Kennedy and says that “thousands of Sony PS3 video game owners who downloaded a system software update required by Sony found that the update caused their PS3 units to malfunction and actually damaged the hardware on many units.”

The main issues the plaintiff has is that Sony asked him for 150 dollars in order to repair the hardware affected by the very firmware update that the company put out and made mandatory to all those who use the PlayStation 3 or the new Slim version.

The 3.00 firmware update was released in the early days of September by Sony and offered certain new features on the PS3. Immediately after it was put out, some users began to report issues, most of them related to freezes of various games and to controllers simply refusing to work.

A blog post on the company’s official site mentioned the problems but revealed that only a very limited number of users had been affected. The 3.01 firmware update was in part designed to eliminate the issues introduced.

The current law suit says that Sony Computer Entertainment of America has breached its duties related to “implied warranty” and accuses it of “negligence,” “negligent misrepresentation” and “unjust enrichment.” The plaintiff is asking for damages that will be decided by the judge presiding over the trial.