It's come to this: Why I'm suing Sony

100media_imag0065
Monday, March 26, 2012
EDITOR'S NOTEfrom Jason Lomberg

Ed, a lifelong Sony fan, pours his heart out over an especially painful betrayal: misleading PS Vita advertising. He's decided to take the next logical step.

Sony will always hold a special place in my heart. I've supported them ever since I was able to spend my own money. When I needed to buy a gadget, Sony was the first stop. I've spent thousands and thousands of dollars over the years on their products, and I have had nothing but positive experiences. I've also owned every one of their game consoles...including three PlayStation's, three PlayStation 2's, four PSP's, and two PlayStation 3's. And like I said, I've never had a problem. Until I bought the PS Vita.

PS Vita

I was always on the fence about the Vita. Not because I didn't trust it would be great but because the cost was just a little too high. I eventually decided to wait. After all, they would drop the price eventually. Little did I know the surprise Sony had in store. One day, while at my local game store, I noticed an advertisement by Sony on the front of a Vita box that read as follows.

 

"Over $55 Bonus Value. 8GB Memory Card, AT&T Data Session And A Downloadable Game With Activation For A Limited Time Only."

This was a blessing. I would be getting a free 8GB memory card! A free AT&T Data Session and a downloadable game! Brilliant! I pounced. I couldn't have been happier. Sony once again proved they had the key to my heart and knew how to manipulate it in just the right way. I didn't even need to buy any games; I was getting a free one as soon as I activated my free AT&T Data Session pass.

After tearing apart the packaging and looking for the AT&T pass and the code for a free game, I found nothing. Confused, I did a Google search. That's when I read the truth and felt devastated. If you wanted the free game and the month of AT&T 3G service, you had to pay AT&T for a month of 3G first...Sony, my dear, dear Sony. They lied to me. Desperate to prove I was the one who was wrong, I read every single last word on the box. Nowhere, not even in the fine print, did it say that I had to pay to get these promised bonuses.

At first, I was hurt. Sony had lied to me? They had...lied? I felt betrayed by a friend. Like finding out your best friend just stole $55 from your wallet. The hurt quickly turned to anger, and like smacking that friend in the mouth for daring to steal from me, I went straight to the Better Business Bureau and filed a complaint. When I was done filing the complaint, I started feeling regret. Had I overreacted? I just wrote five paragraphs demanding Sony give me the free game that was promised, and now I started to think I may have let my anger get the best of me.

I was furious that they would stoop so low. Sony doesn't do that. They don't resort to such tricks. However, I felt regret nonetheless, and after a few days I had cooled down. Sony may have lied, but I was sure they would make it right. After all, the free game couldn't be more than $10 or $20, and that's nothing compared to the thousands and thousands I've spent on their products over the years.

 
1 2 Nextarrow
Problem? Report this post
BITMOB'S SPONSOR
Adsense-placeholder
Comments (33)
Default_picture
March 26, 2012

I wish you luck. Please update us when something happens.

Shoe_headshot_-_square
March 26, 2012

Yeah, I'm curious to see where this goes...if anywhere at all.

Default_picture
March 26, 2012

Go for it!

Default_picture
March 26, 2012

Advertising is a tricky, tricky thing. There are more loopholes for companies to get out of complaints than for customers to actually receieve compensation and satisfaction. I have seen these bundles myself and they are moderately misleading, but I often assume anything with AT&T on it will ask me to pay for it  first.

I hope this ends well for you, dude. 

Profile
March 26, 2012

This will be interesting...keep us posted!

Default_picture
March 26, 2012

Too bad the case will get thrown out of court because you most likely agreed to the terms of service on PSN which forces you into arbitration and a mediator, instead of taking it to court.

Default_picture
March 26, 2012

Bit misleading saying you are suing Sony in the title when you haven't actually done so.  Kinda similar to what Sony did to you. :)

Jayhenningsen
March 26, 2012

I'm not trying to give you a hard time here, and the wording is poor on the ad, but it did say that you get the Data Session "with activation," i.e. you have to activate before getting it. One thing I've learned after years of doing business with cell phone carriers is that "with activation" always means you're paying for something.

Default_picture
March 26, 2012

I find it hard to believe that the box did not reference terms and conditions posted online (this is common practice now) that outline the limitations of the offer, or perhaps your retailer had some literature about the offer's terms and conditions.

Also aren't you supposed to be an informed member of the gaming press?  How can you play victim in this case?  Also this offer sounds like it stems more from AT&T than it does from Sony.

"Over $55 Bonus Value. 8GB Memory Card, AT&T Data Session And A Downloadable Game With Activation For A Limited Time Only."

There is a clear requirement to this offer right within the text you have revealed 'with activiation', notice it doesn't say everything you need is right in the box.

Clearly you were looking at the box with wishful eyes, I have seen this same box and I didn't assume that meant I was getting a bunch of stuff for free.

Jayhenningsen
March 26, 2012

Rich,

Perhaps you could point out where Ed identified himself as a member of the gaming press.

Also, feel free to disagree, but please avoid calling people offensive names simply because you don't like reading other people's complaints.

Default_picture
March 26, 2012

Oh look I have a troll. :)  Here is a little snack for you.

Ed is writing on a gaming website.  Community writer or not if you are going to put yourself out there you should probably sound smarter than the people commenting.

I wasn't aware that 'Freetard' was so taboo.  It was good enough for the CEO of Sony to use it, so I added it to my vocabulary since I loved the ring of it, and it clearly sums up the entitlement problem that people in the gaming audience have.

I don't subscribe to any moniker of 'corporations are evil' I subscribe to 'buyer beware' and allow myself to be pleasantly surprised when people and or companies go above and beyond.  So excuse me if I am sick of the constant parade of self imposed victim-hood that seems to occupy most of the gaming 'news' these days.

We have no end of blog writers ready to pontificate on anything they percieve as a wrong-doing, but where are the old school investigative guys?  I think SuperAnnuation and a scant few others are the only guys that really digs up any real game news any more.  Everyone else is just crying about something. 

At the end of the day we all got something to complain about, just a good thing for the gaming audience in general is not all of us have the time to post it on the internet.

Jayhenningsen
March 26, 2012

So your complaints about someone else's complaints are somehow more valid and worthy of reading?

The bottom line is, for all of the things you say are missing from games journalism, you could be a bit more civil. You know, like actually debating the points rather than touting the value that you personally place on the writing of the original author.

Default_picture
March 26, 2012

I am just saying that most of us that are sick of hearing complaints will complain about it silently and not browse these sites any more.

Consider my feedback however you want.  I personally miss the days where I could broswe a gaming website and actually get uninteruptted news.  I don't mind opinion but non-stop complaints are tiresome to read. When I see them adnausem it becomes very difficult to have any empathy and easy just to call these people cry babies.  We are talking about games here.  The value of the writer isn't in question as much as the topic matter is.

This article is about a guy suing Sony over his inability to understand the words on the side of a box.  Also it doesn't even appear that he is Suing Sony, seems you guys just chose that scenario to get more attention with your headline.  Can't you see how publishing this kind of stuff could errode your credibility?

Default_picture
March 26, 2012

... you do realize that nowhere are you promised a free game, right? Just wanted to point that out.

100media_imag0065
March 26, 2012

Yes, I was. Right on the front of the box.

Default_picture
March 26, 2012

Ed. This is a case of consumer misunderstanding.

"AT&T Data Session And A Downloadable Game With Activation For A Limited Time Only."

Read this again and notice what kind of meaning is construed. It is not telling you that you get a free game with the Vita purchase. It's telling you that you would get AT&T's Data Session and a free game "with activation". With activation of AT&T's service. Sorry to say, but that's common sense. It's not Sony's fault that you don't understand what was meant. What was mentioned on the box, it makes sense. The information was misconstrued... by you.

Default_picture
March 27, 2012

No, you weren't. Jeremy just explained it to you, too. Nice try, though.

Default_picture
March 27, 2012

@Jeremy Himelston You know what else is common sense? Not walking into a glass door as you exit the "Apple" store in New York. But there's an old lady sueing them for 1 million dollars because she broke her nose walking into while exiting the store.

Default_picture
March 28, 2012

You can sue anyone for anything if you have the money to pay someone.  Lawyers will always take a case or even invent one that isn't there.  I'd say that this guy has far less chances of getting any so called justice (ie: plunder because he can't comprehend English).

Default_picture
March 26, 2012

You say they cheated you out of $55. Lets break down the value of all the components that added up to that $55 figure.

8 gig memory card $30 - You should have gotten this in the box.

1 free PSN game $10 - Code sent by email after one month. Cheesy yes. BTW, do you want my code? I already bought SSDD so I have a code I'll never be able to use. Send me an email at "me-bitmob at kazriko.us" and I'll forward it to you.

1 month AT&T service - $15, with $15 purchase of 1 month.

So, you ultimately only lost $25 worth of stuff, and only lost it because you didn't want to cover the first $15 of the cost of AT&T service. 

If I give you my SSDD code, then you ultimately are only missing out on $15 worth of stuff... and you can still get that as a two-for-one deal too. Don't bother getting more than 250mb, I only used 80mb my first month with it.

Default_picture
March 26, 2012

"With activation" Did you not read that on the box?

Default_picture
March 26, 2012

I think the point here is that it's vague about what you need to activate in order to obtain the game. The wording seems to imply that you get the game when you activate your free data session. It doesn't state that you need to purchase one first, then get the free one and the game together. It should read something like "Over $55 Bonus Value. 8GB Memory Card, Plus A Free Month Of AT&T Data And Downloadable Game With Purchase Of One Month AT&T Data Session For A Limited Time Only." This would clearly spell out all the conditions.

Default_picture
March 27, 2012

No one who has ever had a cell phone would ever come to that conclusion. 

 

No one who's even watched a cell phone commercial would come to that conclusion. Those things you got as bonuses were "with activation." Let's take what you wrote and put it back to how it was:

 

"Over $55 Bonus Value. 8GB Memory Card, Plus A Free Month Of AT&T Data And Downloadable Game With Activation."

 

How could you possibly have misunderstood that you get the free stuff with your free month's activation? It plainly states that you get the free month with the activation, so it obviously refers to something else. And that something else shouldn't be unfamiliar to anyone with a cell phone.

Default_picture
March 27, 2012

People without cellphones aren't people so don't count. I think using dicy wording for advertisements that only people who have purchased their own cellphones, like shellfish, go to the circus on Fridays **BUT NOT** Saturdays, are blue belt or higher in tae kwon do or karate, and don't eat margarine can understand is a perfectly acceptable practice. Isn't it obvious that you need to be armed with cellphone commercial information to function in the real world? Keep crying a river, Ed, and don't you DARE make a complaint since you don't fit the criteria of a normal person to make informed purchasing decisions.

N27502567_30338975_4931
March 26, 2012

Why didn't you just return it to the original retailer? That's what you're supposed to do in these situations, not act like an internet martyr because you didn't read the box.

Default_picture
March 27, 2012

If you felt so betrayed and taken advantage of, why didn't you just flip your car right back around and return the vita to wherever you purchased it from? If you're such a Sony fan, then you know Sony usually overpromises and underdelivers.  This should be common sense by now.

Default_picture
March 27, 2012

I can't be the only one failing to see that Ed should be more upset with himself and his lack of reading comprehension. The article is written as a reach for pity, while all I can see is his lack of understanding the implied word. Jeremy Himelston & Jacques Jones both outline why the logic used in this argument is flawed.

The bottom line is your assumptions blinded you to a standardized set of legal words often used for similar devices. There's no case here, simply a miunderstanding on Ed's part to fully realize what the words convey. Furthermore, you didn't pay any more than the 3G model would have cost you without any of the impied extras and you still received an 8gb memory card.

100media_imag0065
March 27, 2012

I wanted to comment to some who say it is my fault for not reading the words properly on the box. I have done extensive research, and I am not the only one fooled by this. Apparently, many IGN editors have been fooled by the same, and wrote front page articles and even videos on IGN's Vita and PS3 pages complaining about Sony's manipulative advertising.

Like I said in my article, nowhere on the box does it say that you have to pay in order to recevie these "Bonuses". Nowhere, not even in the fine print, does it say that the "activation" it was talking about was a paid activation. The wording on the box was used to manipulate the reader into thinking the "Activation" was for the free data pass. What many of us were fooled into believing was if we activated the free data pass, we would get the free game and free month of 3G service.

If Sony's intent was to charge us for these free features, then why didn't they tell us that? Why didn't the fine print say "Paid Activation of Data Pass"? Why were so many people fooled by this? Because it is manipualtive advertising. Plain and simple. Apparently, according to the reseach I have done, I have a very good case. Manipulative advertising is looked down upon, obviously.

I am not looking for pity. I am not looking for a pat on the back and a "Go for it!". What I am looking for, is consumers to finally say "Enough". To not attack fellow consumers who were exploited, and defend corporations who were so clearly in the wrong. By protecting them, and defending them, all you are doing is giving them a pass to do the same exact thing to you. And they will. And when that happens, and you're angry about it, are you going to just let it slide, or are you going to do something about it.

Also, I did not just turn around and return it because I spent over a week with the BBB filing a complain that I was sure Sony would want to clear up with a long time customer like me. By the time it was all over, I could no longer return the Vita.

Default_picture
March 27, 2012

I'm certainly not trying to pity you, just trying to make good on part of the promise using something that was ultimately completely free for me. I bought my SSDD because I didn't feel like waiting a month to get it, so I have a free code. I don't have any way of PMing you here, so if you want it I'll need some secure way of sending it to you. Like I said before, send me an email at me-bitmob at kazriko.us (throwaway address, I'll block it when I'm done with this.) and I'll send you my spare, unused code. I tried to give it away on a site that I frequent, gameslurp.com, but didn't get any takers because everyone over there also bought their own copy...

The only other thing to remember is that the parts that required activation were only $25 out of the $55 of added value.

Default_picture
March 27, 2012

Most of the time you need to be a smart buyer and not trust anything on face value, but in this case I can see both sides because i can see how "Activation" can be missleading, like needing Activation on a locked game by connecting on the internet. At the same time once you see AT&T that should have be a warning sign that nothing is as it appears where anything and everything can be charged to you. So in the end good luck to whatever your trying to accomplish and think more clearly on what your purchasing.

Default_picture
March 27, 2012

Never mind, looks like someone on the forum finally claimed it.

Default_picture
March 27, 2012

I wasn't being patronizing when I said, "Go for it!" I agree with you and wanted to give you some encouragement because I knew the shitstorm was coming.

Default_picture
March 27, 2012

"Hey Sony, you know what? We expect that you manipulate people into making purchases and have no expectation for you to be honest with us. Please continue to talk in vague code that needs to be deciphered, we won't say anything. In fact we'll verbally attack those who demand you be honest with them."

You must log in to post a comment. Please register if you do not have an account yet.