Toronto - A national class action has been commenced on behalf of PS3 gamers whose PS3 consoles were damaged following the installation of Firmware 3.0 and 3.01.
The claim seeks compensation as a result of alleged defects to Firmware 3.0, which was made available for download on or about September 1, 2009. The defendants named in the lawsuit are Sony Computer Entertainment America Inc. and Sony of Canada Ltd.
The claim, filed with the Ontario Superior Court of Justice, alleges that Sony knew or ought to have known of the inherent defects in Firmware 3.0, but nevertheless required PS3 users to install the program, causing major system damage. Problems were worsened by Firmware 3.01, which was released on or about September 15, 2009 in an attempt to rectify damage caused by the 3.0 update.
As damage occurred outside the warranty period, many owners have spent hundreds of dollars repairing their consoles. Sony has refused to assume the cost of repair or assume responsibility for the problem.
"People trusted Sony to develop firmware updates that would not damage their console, and that trust was violated." said Joel P. Rochon, a partner at Rochon Genova LLP. "This action seeks to deliver fair compensation to Canadian consumers with damaged consoles."
The proposed representative plaintiff, Greg Cowtan of Oshawa, Ontario, stated: "Sony has an obligation to ensure that their required updates are fully compatible with all their machines, not just those in warranty."
The allegations raised in the claim have not yet been proven in court. The plaintiff and the prospective class members are represented by the firm of Rochon Genova LLP.
If you own a PS3 and have been affected by the Firmware 3.0 or Firmware 3.01 installations, please call us at 1.866.881.2292 or 416.363.1867, or contact us using our online form here.