Clicking to agree to terms of service was part of a straightforward product registration process. But on April 27 this year the U.S. Supreme Court issued a ruling in Concepcion v. AT&T Corp. that broadened the validity of arbitration clauses and class action waivers.
Those weren’t the only hurdles Sony erected, Fineman says.
This notice cannot be given online through Sony’s websites, by email or by telephone, Fineman claims.
He adds: “In order to discourage users from invoking the arbitration clause, defendants included language that made it difficult for users to recover their attorney’s fees. Even if a user prevails in arbitration against any defendant or other Sony entity, if the claim is less than $75,000, a user can only recover his or her attorney’s fees if he or she has first provided notice to, and negotiated in good faith with, the defendant before pursuing arbitration.”
Fineman seeks restitution, declaratory judgment, an injunction, costs and damages for breach of faith and fair dealing, and unfair competition.
He is represented by Jeffrey Berns with Berns Weiss of Woodland Hills.