Class Action Suit Filed Over PS3 Firmware Update7 Oct, 2009 By: Chris Tribbey
A class-action complaint over the latest firmware updates for the PlayStation 3 (PS3) has been brought against Sony Computer Entertainment America (SCEA).
Accusing the company of negligence and breach of implied warranty, the suit, filed Oct. 2 in U.S. District Court in Northern California, alleges that SCEA failed to adequately test the effect the 3.0 and 3.01 firmware updates would have on some PS3s, freezing some systems and rendering the Blu-ray Disc drive inoperable on others.
A call to SCEA seeking comment had not been returned by press time.
“Thousands of Sony PlayStation 3 video game owners who downloaded a system update required by Sony found that the update caused their PS3 units to malfunction and actually damaged the hardware on many units,” the suit reads. “For owners who sustained hardware damage from the Sony-required update, Sony is charging a $150 repair fee per unit.
“Sony failed to perform adequate testing to detect the performance degradation and product damage effects of its update, failed to warn its customers of possible defects, continues to distribute the defective updates, and has caused and continues to cause financial injury to thousands of consumers.”
The suit, filed by Florida resident John Kennedy, asks that SCEA fix systems allegedly damaged by the firmware updates, at no charge, and suspend distribution of the firmware updates.
The suit details the timeline of the firmware updates, which some consumers say cause games to freeze, stop controllers from working and damage the Blu-ray drive. On Sept. 1 the 3.0 firmware was released as a direct download to Internet-connected PS3s, and after consumers complained about problems allegedly caused by the update, SCEA released the 3.01 update Sept. 15, the suit reads.
“Plaintiff and other PS3 owners downloaded the firmware 3.01 update, hoping it would remedy the problems caused by the firmware 3.0 update,” the suit reads. “Unfortunately, the 3.01 update not only failed to address problems introduced by firmware 3.0, it caused new problems.”
The suit also seeks reimbursement to those consumers who have already paid SCEA to fix their PS3s.