A disgruntled PlayStation 3 owner in Florida has filed a class action lawsuit against Sony, claiming that a firmware update made live in early September caused PS3 units to "malfunction and actually damaged the hardware on many units." The suit claims Sony is charging $150 to repair PS3s with "sustained hardware damage" from the update.
After some early reports of a problem with update 3.0, Sony issued a fix, but the Florida man claims Sony's update doesn't actually correct the problem. In fact, he says the "fix" actually caused further problems with the console's Blu-ray drive.
The suit accuses SCEA of breach of implied warranty, negligence, negligent misrepresentation, unjust enrichment, and other counts. The suit is seeking restitution, unspecified monetary damages and legal fees. As of yet, Sony hasn't commented on the matter.
Although I've read a few scattered posts on the internet about the issue, my PS3 is fine, and no one I know has had this happen to his or her system either -- G4 has a lot of PlayStation 3 owners, too. Still, there are scattered reports on the internet, and a guy in Florida is angry enough to sue, so maybe there is something to this.
What do you think? Have you experienced this problem at all? How about anyone you know?
Comments
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sniper396
they fried my blu-ray diode with one update and the 4.10 update makes the system shut down cause the power supply overheats sue the pants off of them no one will help you bunch of idiots they cant keep doing this got a wii never had a problem with it i dont know what they are thinking naver had a problem with ps2 only reason i bought ps3 i wont buy anymore sony stuff now just stupid bad business i have seen so many complaints and cant even make them pay i hope they go out of business morons
windansir
I have three PS's . A playstation 2 and two PlayStation 3. The first Playstation is 80 gb and the other newer one is a 160 gb slim. The 80 gb died of the Ylod problem and I then bought the new slim as I took apart the 8o gb one and did the ole heat the motherbd trick on it. I then put it back together as I used the slim. The fix worked for a couple of months and then had the YLOD once again. But now I have updated my TV to a Samsung. When I connected my new slim 160 gb PS on it it failed to work. It would not play any BR discs or PS3 games at all. So I put it back on the old tv and it wouldn't work then either. I then did a reset of the software and rebuilt the file structure as well. That didn't solve the problem. I then restored the factory defaults settings. No help there. I then reformatted the drive and reinstalled the system. No luck there as well. I have been able to get the drive to work with DVD's but not Blurays. I realized then that what happened was this. When I put the slim on my new samsung I did a update to 3.70. This altered how the handshake with the PS3 and the television. Now it will only work with a Sony TV. It is a firmware problem guys and gals. This is proof.
myngos211
I have the first series PS3 and (knock on wood) haven't had any issues besides running out of disc space and upgraded to a 300Gb drive. And yes, I lost all my Gran Turismo data that didn't transfer and had to completely start over. I touch on issues such as this as I dissent from the topic....read on if you wish.
I've always went the Sony route when buying a game console because I simply don't like Xbox's controllers but am thinking that I just may not ever buy any more game consoles and find a new hobby. Why is this guy who's played video games for over 30 years thinking about giving up the hobby? Well, it's still too expensive as it's always been but like someone noted, publishers are selling incomplete, unfinished, unpolished, dumbed down games for the masses mainly due to the rising costs of creating these new games with all the artwork, music, graphics and celebrities to have to budget for.
Grant it, gaming has come a LONG ways in respect to stunning graphics and gameplay but at what cost? Now I'm a serial gamer, I buy games like Socom 4 because I've stupidly bought the previous versions out of the hype and marketing and my lost love of Socom I. This is just one example of a game publishing companies selling junk coded games that eventually get working, but don't hold your breath for anything near perfection. When Socom II came out, I took a week off from work only to be stuck playing single player the ENTIRE time because as some of you know, the network side of it was junk...way too many bugs, not to mention the cheaters a few short months after the game came out. It seems like this is the curve gamers have to get over with some of the games coming out, buy it and then wait till it's playable (note I didn't say fixed).
I think the industry as a whole, needs to come to terms with their major flaws, change their practices and remember who pays their salaries and treat us consumers with a bit of respect. Unfortunately, I don't see that happening any time soon, they'll leave it up to the marketing guys to sell the next console and next round of coaster games.
Fox47
My 60GB launch PS3 is DEAD after the 3.0/3.01 firmware update! Thank you so much Stephen for helping those of us experiencing this problem be heard. Hopefully people will continue to shed light on this devastating problem! Keep pushing until Sony hears us and fixes their mistake!! It is disgusting to have to pay out of our own pockets for SONY's incompetence...
addiction41999
Yup. Happened to me with one of the earlier firmware updates and I was able to trade in my Playstation at the store I originally bought it from (Thankfully). But it does happen.
I actully work in the techn industry where we too provide firmware updates for customers for our products, and sometimes this stuff does happen. We just help to fix customers items but Sony doesn't seem to have that same kind of customer service. So I do believe this guy's claim, and think it's just a part of our new technological world.
Nyarlathotepy
Mine bricked, too. I'd like to see G4 do a spot on this that maybe causes Sony to pay some attention to the issue. I think the publicity helped when Microsoft had people hearing about the Red Ring of Death.
thatrandomdude
I think that heat in Florida is finally getting to people. (joking)
revivedflash
Not to be a fanboy or anything. But I have never bought anything that is new tec without an instore warrenty. I have a 1st gen 360 that as been fixed a couple of times for free. So I really don't care if it had to be fixed or not. My point is it was fixed for free. So maybe you should look at instore warrenties. What Sony does not cover the store might.
orlandogirl
@kwfang
I actually quite enjoyed my PS3, until it bricked due to what I fully believe is Sony's fault from an update.
My input here is to point out that, yes, I have this problem and I think Sony needs to own up to it and fix it.
I'm surprised you singled me out as 'bashing' the PS3 when there about 10 other ridiculous posts on here from people stating how wonderful their 360's are, which let's face it, does not even pertain to this. I'm simply responding to the subject, which pertains to me and therefore does leave me a little irritated with Sony as nothing will ever lead me to believe that it is not their firmware that caused my system to breakdown. I believe if you were in the same boat you'd feel identical.
And, on a further note, for those stating that a firmware update can not cause your BD drive to stop functioning, I do not claim to be an IT, or know much technicalities of how the PS3 runs.
However, with that being said, if an update contains some form of data that is to tell your BD drive to speed up to decrease load times, and your drive is not capable of this, then yes, it seems to make sense that this will kill your drive. I believe, in a word, it's called overclocking, and is known to kill hardware within 5-10 minutes. Thus being the time frame most who have this complaint state they experienced the problem.
Again, I don't claim to know the technicalities of this, but the theory sure does make sense.
rsuppes
I have had to send in my 360 once in the 3 years I have owned it, so by no means am I a Microsoft fan, but, one thing I do see is what Rivertron what talking about. When the 360 has a new update, its usually big, like NXE or even on game updates. However on my ps3, seems like every few weeks it has a firmware update, then the games are ridiculous. Need for speed carbon on the ps3, just bought last week. Put it in and it had to download a 1.2gb update to play. WOW. Sounds to me like Sonys stuff is all put out quick and never in finished condition.
rsuppes
river_tron ----- You the man!! I agree. I also think its funny how Bluray won the HD battle even though it was never even finished. According to Sony, bluray has changed sooooo much, but all I really see is bdlive and the ability to get more of those updates online. HMMMM
river_tron
Let me start by saying my heart goes out to all the fallen machines and their owners.
Funny how machines seemed to last forever until this update BS started happening. Internet connections have made console manufacturers LAZY and UNTRUSTWORTHY, giving them full license to prematurely sell machines that haven't been properly completed and tested as originally promised. In the 80's and 90's, they had to get it right the first time. No mistakes. This mentality of, "Well, screw it! We'll just make a PATCH! and that will fix EVERYTHING!", will be their demise if they don't get their priorities straight. They are taking advantage of the fact that gamers will easily turn a blind eye, or just forgive and forget such shenanigans because they are too loyal to their gaming habits. As far as the companies are concerned, "They'll be back."
These companies NEED to be held accountable. What? It's not their fault because the "the code" did it? Or is it because we have a crappy "old" model that can't take the update? Who sold us that "crappy old" model to begin with? And didn't anyone think about those loyal consumers that helped them make a TON of cash at launch by BUYING those machines first?
I hate to say it, but get used to it, 'cause it's going to be like this from here on out unless everyone bands together and makes it clear they don't appreciate being taken for fools.
garygoodnight
i wonder if its only connected with the original ps3s because the couple i read has been about the 60gb which is the original fat one
waldog
After the 3.0 update, I get a random 3-4 second blank screen while playing games and browsing the XMB. It only happens on some games. My 80gb never did this prior to 3.0.
rsuppes
Wow, sony fanboys must learn from apple fanboys. There is a problem here. I own a computer repair shop and we see on average about 3 PS3's a week from either YLOD or after an update it doesnt read discs or doesnt turn on. The problem with lawsuits is that there is too many frivalous ones. This one may have some merit. After diving deep into firmware binaries and checking the rpm's of the fan, I believe that what they are doing is changing the specs in the new firmwares. They are changing the high temp limits and min. fan speeds. That means that if your ps3 is getting 1 degree hotter than the new limit or the fan isnt spinning just a bit faster, then it doesnt meet there new specs. So obviously if update, it wont work. Also, at update 3.0, they included a firmware update to the actual blu ray drive. So, when it is installing the firmware it updates the firmware of the optical drive also. So that is causing some drives to quit reading all discs or maybe just bluray. Also, if you check the numbers, the poll that was done that showed microsoft had extremley more returns was done last year. If you look at new data, it show that sony over the past 3 months has tripled the amount of rma requests. I know that for a fact. Guess what, it happens mainly to the older ones. So they have to pay for repairs. I find it piss poor that they change specs and send updates that could possibly kill something. Also, the new ps3 slims are currently at a 25% failure rate during the first week of ownership. HMMM. Overheating and not starting. Good job sony. Dont screw up what you have left..
lordxero
Out of the 20 people at my work that own a ps3 only one of them at my work had to turn there's in to get fix. But out of the fifty people at my work that own a x box 360 all of them had to turn there in to get fixed. But twenty of them that had to get there 360 fixed was when there was no warrenty after a year and had to pay for it. Mind you these are actual stats and there are more people at my work that own and x box 360. But I have two ps3 and there is nothing wrong with them my x box 360 broke. But this is a ps3 article.hmmmm
kwfang
Orlandogirl
Why are you here to bash the ps3
BunchyE
Yes!! I actually just got my PS3 back from Sony because it didn't work anymore. I didn't realize it until I read this article about the lawsuit but it actually happened after I installed that update. Then when I got my new PS3 back from Sony and I installed all the updates it didn't work as well!!! I hope this goes through so I at least have a shot at a refund or something.
JackIsBack
My brand new slim would not load Uncharted Drakes Fortune after 3.0. I had already played through the game and was playing again to get ready for Among Thieves. 3.1 fixed the problem. I'm not sure if it was something to do with the game or the actual system though.
kwfang
My girlfrined ps3 is messing up to she has the slim
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