The
In this case, the Federal Court ordered
Sony operates the PlayStation Network (PSN) and PlayStation store across a number of jurisdictions globally, including
Sony admitted to engaging in the following conduct between
- the terms of service for access to the PSN implied that users did not have certain consumer guarantees as to quality, functionality, completeness, accuracy or performance of digital games;
- emails made to consumers at the time of purchase stated that PSN users could not obtain a refund of money added to their virtual wallet on the PSN; and
- representing (orally, via call-centre agents) to consumers that they were not required to provide refunds for faulty game purchases.
In addition to the pecuniary penalty, Sony was ordered to pay
The case is a reminder that regardless of the location of a company's headquarters, where products are being sold on the Australian market to Australian consumers, the ACL applies.
Additionally, the case highlights that companies should ensure workers in complaints divisions or call centres have comprehensive compliance training and legally approved scripts so that any verbal statements they make comply with the ACL. This is particularly pertinent while the COVID-19 pandemic continues, as it is likely that interactions with companies online and via telephone will only to increase.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Mr
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