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Sony asks court to force PlayStation Store 'buy' button lawsuit into arbitration

2 min
Sony asks court to force PlayStation Store 'buy' button lawsuit into arbitration

This digest was compiled by AI from multiple sources — links to the originals are below.

Sony Interactive Entertainment asked a federal judge on August 21 to move a proposed class action over PlayStation Store 'buy' and 'purchase' labels into individual arbitration. The motion invokes a clause in the same terms of service that four California plaintiffs argue is not clearly presented at checkout. The lawsuit alleges Sony sells revocable game licenses behind 'Buy Now' and 'Confirm Purchase' buttons without disclosures required by California's AB 2426.

Key Facts

  • Sony Interactive Entertainment filed a motion on August 21 to compel arbitration in Heycock v. Sony Corporation of America.
  • The four plaintiffs — Andrew Garcia, Edward Heycock, Jason Mendoza, and Josh Salinas — filed the complaint on June 18 in the Northern District of California.
  • California's AB 2426, effective January 1, 2025, prohibits storefronts from using 'buy' or 'purchase' when granting a revocable license.
  • Section 14 of the PlayStation Terms of Service requires U.S. users to resolve disputes through binding individual arbitration and waives class actions unless they opt out within 30 days.
  • The plaintiffs voluntarily dismissed co-defendant Sony Corporation of America on August 20, leaving Sony Interactive Entertainment as the sole defendant.

The Arbitration Motion

Sony Interactive Entertainment asked a federal judge on August 21 to push the proposed class action out of court and into individual arbitration. The motion invokes Section 14 of the PlayStation Terms of Service, which requires U.S. users to resolve disputes through binding individual arbitration and waives class actions. Sony attached three versions of those terms as exhibits dated August 2023, March 2025, and April 2026, along with the Software Product License Agreement. The plaintiffs voluntarily dismissed co-defendant Sony Corporation of America on August 20, one day before Sony's motion, leaving Sony Interactive Entertainment as the sole defendant.

The Plaintiffs' Claims

Four PlayStation owners — Andrew Garcia, Edward Heycock, Jason Mendoza, and Josh Salinas — filed the complaint on June 18 in the Northern District of California. The lawsuit alleges that Sony sells revocable game licenses behind 'Buy Now' and 'Confirm Purchase' buttons without the disclosures required by AB 2426. The complaint pleads violations of Business and Professions Code § 17500.6, the state's False Advertising Law, and the Consumer Legal Remedies Act on behalf of a proposed class of California purchasers. The purchases all post-date the statute's January 1, 2025 effective date: Garcia bought NBA 2K25 for $20.99 on March 27, 2025, then NBA 2K26 and Madden NFL 26 for $65.99 and $69.99 on August 11, 2025. The four plaintiffs claim they sent two CLRA demand letters on April 21, 2026, and May 11, 2026, which Sony did not answer.

California's Digital Goods Law

AB 2426, which took effect January 1, 2025, added Section 17500.6 to the state's Business and Professions Code. The law requires digital storefronts to either obtain affirmative acknowledgment from shoppers at checkout that they are receiving a license rather than ownership, or provide a clear and conspicuous plain-language statement separated from other terms. It prohibits storefronts from using words like 'buy' or 'purchase' when a license is being granted.

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