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How to Opt-Out of Sony's New PSN TOS Class Action Waiver

Category: PlayStation 3 & PSN News  By: PS3 News - (http://videogamewriters.com)
Tags: how opt out sony psn tos opt-out sony psn class action waiver sony psn tos

36w ago - Yesterday we reported on Sony's updated Terms of Service which included a clause to waive participating in new class action lawsuits against the corporation, and today VideoGameWriters.com notes how to opt-out of the new PSN TOS class action waiver while still being able to access PlayStation Network.

To quote: "However, as user ThinkWeak on Slashdot pointed out, there is a remedy written into the ToS for consumers who do not want to roll over for Sony.

On page 17 of the full Terms of Service, (section 15 paragraph 3), there is the following helpful information, capitalized to indicate that they are yelling at you for some reason:

RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION 15, YOU MUST NOTIFY SNEI IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT.

YOUR WRITTEN NOTIFICATION MUST BE MAILED TO:

6080 CENTER DRIVE
10TH FLOOR
LOS ANGELES, CA 90045
ATTN: LEGAL DEPARTMENT/ARBITRATION

AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR PSN ACCOUNT NUMBER, IF YOU HAVE ONE, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH ANY SONY ENTITY THROUGH ARBITRATION.

So there you have it. A simple old-school snail-mail will allow you to both enjoy the PSN service and maintain your given rights as a US or [INSERT YOUR STATE HERE] citizen. Don’t you love living in the 21st century?"




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Comments 31 Comments

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OGroteKoning's Avatar
#31 - OGroteKoning - 35w ago
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So what do you specifically want $ony to hear?

Foo's Avatar
#30 - Foo - 35w ago
Reply
Peace will not be acheived through violence, but only through peace. We will get nowhere until Sony listens to us, and they refuse to listen.

OGroteKoning's Avatar
#29 - OGroteKoning - 35w ago
Reply
Arbitration is a much cheaper process than a pucker court case, but the AT&T clause was between employer and employees and not manufacturer and end user. Also, normally, existing employers will not be affected as the T&C under which the were employed can not be changed without their consent. $ony changes TOS without consulting existing end users - it is totally one sided and wrong in my opinion.

elser1's Avatar
#28 - elser1 - 35w ago
Reply
LOL if you don't like sony why do you own a ps3.. you seem really intelligent as i am really sarcastic!!.. i'd actually vote to ban you but it doesn't seem possible. +rep to OGrote..

PS3 News's Avatar
#27 - PS3 News - 35w ago
Reply
Last week we reported that the PSN Terms were updated followed by how to Opt-Out of the new Class Action waiver, and today Sony confirms to CNN (linked above) that the http://www.lawmemo.com/supreme/case/concepcion/ (http://www.supremecourt.gov/opinions/10pdf/09-893.pdf) US Supreme Court ruling earlier this year spurred the recent PlayStation Network TOS change.

To quote: "Sony said this week that the new terms-of-service changes were made, as some analysts suspected, in response to a Supreme Court decision in April. In that case, AT&T Mobility was permitted to include and enforce a clause in employment contracts that bars workers from bringing class-action suits.

"The Supreme Court recently ruled in the AT&T case that language like this is enforceable," a spokeswoman for Sony's PlayStation unit wrote in an e-mail.

"The updated language in the TOS is designed to benefit both the consumer and the company by ensuring that there is adequate time and procedures to resolve disputes."

Like AT&T, Sony prefers to settle disputes outside of court through a process called arbitration."



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