Landes v. Sony Mobile Communications (U.S.A.), Inc. et al.

Case No. 2:17-cv-2264-JFB-SIL - U.S. District Court for Eastern District of New York

 

Certain Xperia Smart Phone & Tablet Extended Warranty Information – Water Intrusion

Effective September 14, 2017.

As part Sony Mobile’s commitment to quality and following the terms of a nationwide class action settlement pending final federal court approval in Landes v. Sony, 2:17-cv-2264-JFB-SIL (E.D.N.Y.), Sony Mobile is announcing that it is extending the duration of the limited warranty for water intrusion, in the United States, for the Xperia smartphone and tablet models listed below.  For covered product where the original manufacturer’s limited warranty had not expired as of August 3, 2017, Sony Mobile is extended the warranty for liquid damage for an additional twelve (12) months from date of purchase.  For covered product where the original limited warranty had expired as of August 3, 2017, Sony Mobile is extending the warranty for six months or until March 14, 2018.

Models:  M2 Aqua, M4 Aqua, ZR, Z Ultra, Z1, Z1 Compact, Z1s (T-Mobile), Z2, Z3, Z3 Compact, Z3 (T-Mobile), Z3v (Verizon), Z3 Dual, Z3+ Dual, Z3+, Z5, Z5 Compact, Z2 Tablet (WiFi), Z2 Tablet (LTE), Z2 Tablet (Verizon LTE), Z3 Tablet Compact (Wifi), Z3 Tablet Compact (LTE), Z4 Tablet (WiFi), and Z4 Tablet (LTE).   

 

This warranty extension applies to claims for damage from water intrusion only.  All other terms of the Sony Mobile limited warranty continue to apply.  Customers may request service under the warranty extension by contacting Sony Mobile Support at ‎1-866-766-9374 or by visiting support.sonymobile.com/us.

For details about the lawsuit and settlement, please visit www.XperiaWaterproofSettlement.com or call 1-844-367-8807.

 

IF YOU PURCHASED A CERTAIN SONY MOBILE DEVICE, YOU COULD GET BENEFITS FROM A CLASS ACTION SETTLEMENT

Please be advised that this is a United States Settlement affecting United States customers only

• There is a proposed settlement that has been preliminarily approved in a class action lawsuit against Sony Mobile Communications (U.S.A.), Inc. and Sony Electronics, Inc. (hereinafter collectively “Sony”) concerning certain Sony mobile devices (“Mobile Devices”).  Those included in the settlement have legal rights and options and deadlines by which they must exercise them.

• You are included if you purchased, own(ed), received as a gift or received as a customer service exchange the Mobile Devices manufactured, marketed, sold and/or distributed by Sony Mobile Communications (U.S.A.), Inc. in any of the 50 States, the District of Columbia and Puerto Rico.

• The settlement provides for: (1) a warranty extension; (2) changes to packaging, labeling and advertising; and (3) a claim process relating to prior water-related warranty claim rejections.   

The class action lawsuit claims and alleges that Sony sold Mobile Devices that were deceptively advertised as “waterproof.”  The lawsuit pursues claims for violations of various state consumer protection statutes, among other claims.  You can read the Complaint on this website under Important Documents.  Sony denies any claims of wrongdoing and/or violation of the law and denies that the Mobile Devices are defective.  The parties agreed to resolve these matters before they were decided by the Court.

On January 13, 2016, Named Plaintiffs Logan Landes and James Goddard (“Named Plaintiffs” or “Plaintiffs”) served a demand letter pursuant to California Civil Code § 1782 and other applicable laws on Sony.  On March 29, 2016, pursuant to confidentiality agreement between the parties, Plaintiffs served document requests on Sony. Class Counsel Levi & Korsinky LLP (“Class Counsel”) have reviewed over 11,000 documents produced by Sony. Class Counsel has conferred with a damages expert concerning the potential damages that relate to the claims in their complaint.  As part of extensive arm’s length negotiations, Patrick A. Juneau conducted mediation sessions with Class Counsel and Sony. Class Counsel conducted an interview of Anders Grynge Director of Sony Customer Services for the Americas on December 4, 2016.

On April 14, 2017, Plaintiffs filed a class action complaint in Landes v. Sony Mobile Communications (U.S.A.), Inc. et al., No. 2:17-cv-2264-JFB-SIL (United States District Court for the Eastern District of New York) alleging, among other things, that Sony designed, manufactured, distributed, advertised and sold certain Mobile Devices that were alleged to be misrepresented as “waterproof,” but are, in fact, “not waterproof and are not designed for or capable of ordinary underwater use.” Plaintiffs, on behalf of the classes, further allege that “Sony exploited certain international water resistance ratings in order to launch a deceptive marketing campaign promoting the Devices” and cite to numerous advertisements and other marketing. Plaintiffs seek certification of a nationwide class of all persons who purchased the devices as well as Illinois and California subclasses, excluding certain persons and entities who/which, by way of example, purchased the devices for resale.

The following Sony mobile devices ("Mobile Devices") distributed for sale in the United States, the District of Columbia, and Puerto Rico are in the settlement:

            Xperia M2 Aqua        Xperia Z3 Dual
              Xperia M4 Aqua Xperia Z3+ Dual
             Xperia ZR  Xperia Z3+
              Xperia Z Ultra                    Xperia Z5
             Xperia Z1     Xperia Z5 Compact
             Xperia Z1 Compact Xperia Z2 Tablet (WiFi)
              Xperia Z1s (T-Mobile) Xperia Z2 Tablet (LTE)
              Xperia Z2 Xperia Z2 Tablet (Verizon LTE)
              Xperia Z3 Xperia Z3 Tablet Compact (WiFi)
              Xperia Z3 Compact Xperia Z3 Tablet Compact (LTE
              Xperia Z3 (T-Mobile) Xperia Z4 Tablet (WiFi)
              Xperia Z3v (Verizon) Xperia Z4 Tablet (LTE)

                                                                                                                                                   

 

Your legal rights may be affected even if you do not act.

  YOUR RIGHTS AND CHOICES

           

YOU MAY:

 

DUE DATE

Automatically Obtain A Warranty Extension

Sony stands behind the reliability of the Mobile Devices by extending the limited warranty coverage for damage resulting from water intrusion: (a) by an additional 12 months for those Mobile Devices where the warranty is still in effect as of the date of the issuance of the Preliminary Approval Order (“Active   Warranty Mobile Devices”); and (b) six months for those Mobile Devices that are out-of-warranty as of the date of the issuance of the Preliminary Approval Order (“Expired Warranty Mobile Devices”). This will take effect upon the issuance of the Final Order and Final Judgment, but may be earlier, at Sony's option.       

For the Active Warranty Mobile Devices, the date for the extension of the warranty shall be measured from the purchase date, if it is still in warranty as of the date of the issuance of the Preliminary Approval Order (August 3, 2017).  For the Expired Warranty Mobile Devices, the date of the extension of the warranty shall begin on the date of the issuance of the Final Order and Final Judgment and expire six months thereafter.                   

File A Claim To Seek Reimbursement

You may submit Claims for prior water-related warranty claim rejections by Sony for your in-warranty Mobile Devices. This is the only way that you can get reimbursed for 50% of the at-issue Manufacturer’s Suggested Retail Price (“MSRP”) for the applicable Mobile Device.        

The deadline to submit Claims is January 30, 2018       

Object

Write to the Court about why you don’t like the settlement.

The deadline to Object is November 1, 2017                 

Exclude Yourself

Ask to get out (opt out) of the settlement. If you do this, you are not entitled to certain settlement benefits, but you keep your right to sue Sony about the issues in the lawsuit.     

The deadline to submit an Exclusion is November 1, 2017          

Appear in the Lawsuit or Go to the Fairness Hearing

You are not required to enter an appearance in the lawsuit in order to participate in the settlement, but you may enter an appearance on your own or through your own lawyer in addition to filing an objection if you do not opt out. You can also ask to speak in Court at the Fairness Hearing about the settlement.   

File Notice of Appearance Deadline: November 1, 2017   

The date of the Fairness Hearing is December 1, 2017 at 1:30 pm E.S.T.         

Do Nothing

You may not receive certain settlement benefits that you may otherwise be eligible for and you give up the right to sue the Sony entities about the issues in the lawsuit.          

 

This website is authorized by the Court, supervised by counsel and controlled by Heffler Claims Group, the Class Action Settlement Administrator approved by the Court. This is the only authorized website for this case.

Documents

Please read for a full explanation of the settlement and your options and all applicable timelines.

Contact

Contact us with any inquiries, comments, and/or requests.

Submit Claim

Click here to safely and securely submit a Claim Form.

Important Dates

  • Exclusion Deadline

    Wednesday, November 1, 2017 You must complete and mail your request for exclusion form so that it is postmarked no later than November 1, 2017.
  • Objection Deadline

    Wednesday, November 1, 2017 You must mail your objection(s) and/or notice of intent to appear at the Final Fairness Hearing so that it/they are received by Counsel and the Court no later than November 1, 2017.
  • File Notice of Appearance

    Wednesday, November 1, 2017 The deadline to file a Notice of Appearance so that it/they are received by Counsel and the Court no later than November 1, 2017. 
  • Fairness Hearing

    Friday, December 1, 2017

    The Fairness Hearing is scheduled for December 1, 2017 at 1:30 p.m. E.S.T. Please check this website for updates.

  • Claim Form Deadline

    Tuesday, January 30, 2018 You must submit your Claim Form on-line no later than Tuesday, January 30, 2018, or mail your completed paper Claim Form so that it is postmarked no later than Tuesday, January 30, 2018.

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