Many consumers take product claims seriously, as evident by a class action lawsuit filed against Sony for falsely stating its Xperia line of mobile devices withstand prolonged exposure to water.
Both parties in the Sony Xperia Waterproof class action lawsuit recently reached a settlement that a judge granted preliminary approval. The class action lawsuit alleged Sony Electronics Inc. and Sony Mobile Communications (USA) implemented deceptive advertising practices in promotion of the company’s Xperia mobile devices.
Filed on April 14, 2017, the Sony class action lawsuit included primary plaintiffs who asserted Sony designed and advertised Xperia mobile devices that company claimed were waterproof. The primary plaintiffs allege the electronic devices did not fare well during long periods of exposure to wet conditions. One advertisement ran by Sony showed an actor using an Xperia mobile device underwater filming a school of fish.
The class action lawsuit states “In reality, Sony’s so-called waterproof Devices are not waterproof and are not designed for or capable of ordinary underwater use. Following some reports of screens dying, phones repeatedly locking, damaged audio functions, and phones failing altogether, Sony changed its messaging.” A judge accepted the preliminary settlement on August 3, 2017.
The terms of the Sony Xperia class action settlement require the electronics manufacturer to offer a warranty extension, as well as remove labeling, advertising, and packaging language claiming the Xperia mobile device is 100% waterproof. Sony continues to deny all allegations, but the company settled out of court to avoid the high costs of litigation.
What You Need To Know About The Sony Xperia Waterproof Cell Phone Class Action Settlement
Eligible class members of the Sony Xperia class action settlement “include anyone who purchased, own(ed), or received as a gift or received as a customer service exchange a Sony Xperia mobile device before Aug. 3, 2017.” The deadline to opt out of the class action settlement or dispute any of the agreement provisions is November 1, 2017. The class action settlement website www.XperiaWaterproofSettlement.com presents a lengthy list of Xperia mobile devices covered by the settlement. Qualifying class members who submitted warranty claims for water damage that Sony refused to cover will collect a check for 50% of the Manufacturer’s Suggested Retail Price (MSRP) of the Xperia mobile device in question.
Class members who submit valid and timely claim forms for water-related damages must attach a copy of the receipt to the claim form. The deadline for submitting a valid claim form is January 30, 2018. The judge who granted preliminary approval for the class action settlement case Landes v. Sony Mobile Communications (USA) Inc., et al., Case No. 2:17-cv-02264-JFB-SIL, in the U.S. District Court for the Eastern District of New York has scheduled the final hearing on December 1, 2017. Visit the class action settlement website to learn what happened at the final hearing, as well as read the list of attorneys who represent the class and defense counsels.
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