Sony class action alleges company concealed crash, shut down defects

The brand new Sony PlayStation 5 gaming console with DualSense controller near tv screen at home ready to use.
(Photo Credit: Roman Kosolapov/Shutterstock)

Sony class action overview:

  • Who: A PlayStation owner is suing Sony
  • Why: The plaintiff says Sony hid a defect in the PlayStation 5 video game system
  • Where: illinois federal court

Sony knowingly conceals a defect in its PlayStation 5 (PS5) video game system that causes the system to suddenly crash while users are playing games, a new class action lawsuit alleges.

Plaintiff Christina Trejo filed the class action lawsuit against Sony Corporation of America July 12 in an Illinois federal court, alleging violations of state and federal consumer law.

According to the complaint, the PS5 contains a defect that causes the console to suddenly power down while the user is playing video games, often losing saved gameplay.

“While the PS5 can be used for many entertainment purposes, playing video games on the console is its primary function,” Trejo states.

“The Console Defect affects users’ ability to play video games and compromises the primary function and overall usage of the PS5.”

Trejo alleges Sony was aware of the Console Defect through warranty repair requests, online consumer complaints, and its own online service resources.

“However, despite its knowledge of the Console Defect, Defendant failed to, and continues to fail to, disclose the defect to consumers prior to them purchasing the PS5, nor has Defendant taken any substantial action to remedy the problem,” she states.

Sony has sold millions of defective PS5s, lawsuit alleviates

Since its launch in late 2020, Sony has sold more than 19 million units of the system worldwide, the lawsuit states.

Before its release, Sony advertised the console as coming equipped with “lightning speed, breathtaking immersion [and] stunning games.”

However, months after Trejo bought hers at a Walmart for $499.99 plus tax, the console began to consistently crash. She says if she and others had known about the defect, they wouldn’t have bought the PS5, or would have paid less for it.

Trejo seeks to represent customers nationwide who bought a PS5 in the United States, plus an Illinois Subclass.

She’s suing for violations of the Illinois consumer laws, and for breach warranty and unjust enrichment. Trejo is seeking certification of the class action, damages, fees, costs and a jury trial.

This is not the first lawsuit the company has faced over its controllers. Last year, Sony was hit with a lawsuit alleging it knowingly sells PlayStation 5s with defective controllers that “drift” in-game without prompting.

Meanwhile, Amazon is facing a class action lawsuit alleging it knowingly sells defective PS5 consoles on its online marketplace.

What do you think of the allegations in this case? Let us know in the comments!

Trejo is represented by Jordan R. Frysinger and Eugene Y. Turin of McGuire Law PC.

Tea Sony PS5 class action lawsuit is Christina Trejo v. Sony Corp. of AmericaCase No. 1:22-cv-03603, in the US District Court for the Northern District of Illinois.

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