The user claimed to have hacked his account and disputed the acquisition of digital purchases; Sony banned the person from PSN, but had to reactivate the profile
In September 2022, a PSN user filed a lawsuit against Sony PlayStation, then the brand has reactivated its profile and paid the moral damages. In this case, the individual claimed that his account was hacked and that purchases were made in his name for an amount of R $ 510.70. However, the Japanese company ended up banning the player ID, claiming fraud.
The case went to Brazilian justice on September 23, 2022, with the plaintiff Caio Parsia Boscariol. According to the user, after disputing the transactions with the card operator, he managed to recover his PSN account on his PlayStation 4 console. However, Sony has decided to ban his profile, due to “fraud and deletion of credit card linked to the online account”.
The Japanese company also specified that “the action to cancel the transaction and transfer the amount paid to the bank is called a chargeback”. According to the company, this would be a practice that violates the Terms of Service and the User Agreement on the platform.
However, as reported in file no. 1018379-11.2022.8.26.0451, the trademark “did not attach any document justifying the definitive suspension of the author’s identification, also because the purchases contested by the appellant were made fraudulently, as demonstrated” .
As a result, in March 2023, part of the lawsuit was upheld. That is, that the plaintiff got a part of what he wanted in the lawsuit. As a result, Sony had to reactivate the user’s account, but the compensation claim was not upheld by the court.
A similar case occurred around the same time
In November last year, another person filed a lawsuit asking for their PlayStation Network account to be reactivated. The situation is extremely similar to that of Caio Parsia Boscariol, as it also involves a profile that has been a victim of cybercrime and, consequently, received a ban from Sony.
The applicant’s name is Elias Estevão do Prado Rocha, who requested the reactivation of his account after a criminal invaded it. Then, Judge Rafael Imbrunito Flores granted the preliminary injunction in November 2022, requiring the Japanese company to reactivate the PSN ID under penalty of a daily fine of BRL 100.00, limited to 60 days.
The magistrate stated that “the defendant’s conduct of prohibiting the plaintiff from accessing his personal account without any possibility of defense or reparation of the damage found flagrantly violates the provisions of the Consumer Code (CDC), primarily the duty of information and transparency towards consumer relations”.
As in the Caio Boscariol case, the Court upheld part of the appeal. Requesting only the reactivation of the PSN account, but without asking for any compensation.
In April 2023 the case received the motion of “Closed for submission”. That is, it went to the titular judge of the case, who will issue a final decision.
Sony is not new to the courts
Even “losing” in the above cases, Sony is already used to appearing in Brazilian courts. The company recently took on patent-infringing brands on its controllers.
In one of the situations, for example, Multilaser (today called Multi) was selling accessories that were very similar to the DualShock 4. The owner of the PlayStation asked for the closure of the sales and for compensation of US$80,000 (about R$416,000 in a direct conversion at the time ).
Another case occurred against GG Controles Comercial, which sold DualSense customized with stickers from different games. Sony said it “does not authorize the dissemination of its products and rights in an adulterated, reconditioned, customized or regenerated form, as they even lose the very guarantee of the manufacturing source”.
Apparently, the companies have entered into separate agreements.
Sony has been ordered to reactivate the PSN account of defrauded users
Source: Terra
Rose James is a Gossipify movie and series reviewer known for her in-depth analysis and unique perspective on the latest releases. With a background in film studies, she provides engaging and informative reviews, and keeps readers up to date with industry trends and emerging talents.
