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Sony Loses Class Action Lawsuit In Waterproof Claims For Original Xperia Z Line (xda-developers.com)

Posted by BeauHD on from the false-advertising dept.

Sony has lost a class action lawsuit for claiming its Xperia phones were "waterproof," when in reality they were only "water resistant." If you happen to own one of the original Xperia Z smartphones, you may be owed up to $300. XDA Developers reports: Arguably, one of the pioneers in the consumer sector for more "rugged" devices (or at the very least IP certification) has to be Sony. Back in 2012, they introduced the Xperia Z line of the devices, which marked a turning point for Sony in most of its philosophy as well as its design language. They completely overhauled the look and feel of the devices they had in favor of the glass slab that they offer even in today's phones and tablets. Despite its fragile appearance, most of their offerings were drop-tested and were able to withstand a substantial amount of mistreatment. On top of all that, the Sony Xperia Z was the first commercially available phone from Sony to me, marketed as "water resistant" with an IP56 rating for water and dust ingress (which isn't really much, but at least it would keep your phone going in spite of an accidental drop in the beach or in the pool). However, the phone was advertised in such a way that it it looked as if the device was waterproof and not water resistant (there is a big difference). This led to a lot of water-damaged devices, which Sony did nothing about and eventually, a class action lawsuit was filed (and won) against Sony.

According to the settlement, there were 24 models affected (ironically, the original Z is not listed as being one of them) starting from the ZR, which was a close cousin of the original Z and going all the way to the Xperia Z5, along with a few tablets as well. The settlement goes on to state that there are a few things that, if you were affected, you can opt for: Warranty extension for up to a year if the device is within warranty period; Warranty extension for up to 6 months if the device is no longer under warranty; Up to 50% of MSRP as refund for compensation if the device is listed among the ones on the Sony lawsuit. If you are going for the cash alternative, you do have a deadline to meet, which is January 30, 2018. Whichever course of action you do decide to take, please make sure that you understand the entire lawsuit document before doing anything!

23 comments

  1. Nice slashvertisment by Anonymous Coward · · Score: 0

    Good opportunity for cremier to drop an affiliate link.

  2. This is why we can't have nice things by Anonymous Coward · · Score: 0

    When a company buys something that's certified to "IP56", they have a reasonable understanding of what that means, and they'll treat it accordingly.

    When a consumer buys the same thing, they'll think it's "waterproof" and treat it accordingly. And then they'll sue and win.

    Result: it'll be a long time before anyone tries to sell any comparable kind of "rugged" device to the public again.

    1. Re:This is why we can't have nice things by Anonymous Coward · · Score: 0

      That's not really true. The linked advert does show like the thing is supposed to be "waterproof", even fully functional under water, when that's really not what IP56 means. So that's a pretty clear case of one misleading advert, at least.

      Stereotypically stupid American Consumers and sue-happy American Shysters notwithstanding.

      Similarly, the linked article claims that sony is somehow a "pioneer" in IP56 devices, and, er, no, no they're not. 2012? Come on, back in '97 you could already buy dunk-proof phones, not by sony. And plenty of other devices before that.

    2. Re:This is why we can't have nice things by Anonymous Coward · · Score: 0

      In this case, a comparably rugged device would not be very rugged—so the public will be OK without.

  3. Panasonic, not Sony. by pz · · Score: 2

    Arguably, one of the pioneers in the consumer sector for more "rugged" devices (or at the very least IP certification) has to be Sony. Back in 2012, they introduced the Xperia Z line of the devices.

    OK, here's the counter-argument: Panasonic's Toughbook line was introduced in ... wait for it ... 1992.

    https://en.wikipedia.org/wiki/...

    And oh, how I wanted one back then.

    --

    Put my fist through my alarm clock with its ding-dong death inside my ear. - The Blackjacks.
    1. Re:Panasonic, not Sony. by Trogre · · Score: 2

      Do you mean 1996?

      --
      "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
    2. Re:Panasonic, not Sony. by drinkypoo · · Score: 1

      Except Toughbook was marketed only to business. You couldn't actually buy one in virtually any store, they had to be special-ordered. And they weren't in the sears catalog, you had to go to a specialty retailer.

      Also, when you talk about ruggedized mass-market electronics, you really can't ignore Sony Sports, from the 1980s. They all but invented the segment. Too bad that stuff was flimsy garbage that couldn't hold up to a light rain, but anyway

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    3. Re:Panasonic, not Sony. by AmiMoJo · · Score: 1

      I like their Dynabook line. It's not quite as indestructible as the Toughbook range, but it is rugged. I have an old Core 2 era one which claims it will withstand 100kg on the lid (i.e. being sat on). It looks more or less like a normal laptop.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
  4. Correction only if water damage and rejected. by bongey · · Score: 4, Informative

    1) Only 50% reimbursement if you had a water damage claim that was rejected Or 2) 12 months warranty extended for your older Xperia phone.
    Problem with 1) is if it happened you already replaced the phone for full price. Problem for 2) is your phones battery would be dead by now .
    I am 2) and I replaced the battery myself with sony parts, so here is to throwing it in the bath tub and filing a warranty claim. (It isn't water proof from the pressure sensor).

    1. Re:Correction only if water damage and rejected. by dunkelfalke · · Score: 1

      Once you have replaced the battery in a Xperia, it is nearly impossible to make it water-resistent again.

      --
      "It's such a fine line between stupid and clever" -- David St. Hubbins, Spinal Tap
    2. Re:Correction only if water damage and rejected. by Anonymous Coward · · Score: 0

      Nearly impossible unless you buy some black witch glue. Then it just becomes easy, remember folks! just because you don't know the right tool for the job...

    3. Re:Correction only if water damage and rejected. by dunkelfalke · · Score: 1

      It is not the right tool because they are supposed to be glued with adhesive tape so they can be disassembled again without breaking the rear glass. Unfortunately fitting adhesive tape in good quality is really hard to find.

      --
      "It's such a fine line between stupid and clever" -- David St. Hubbins, Spinal Tap
  5. Z3 without damage = owner gets nothing by RubberDogBone · · Score: 1

    I had an Xperia Z3, one of the covered devices. But I never got it wet and never had a water claim. As such, the settlement site says I get nothing.

    TFA implies there is some sort of settlement for everyone who owned an affected device but nope, you have to have a loss. Which is fine. I get that. I never had a loss so I should not expect compensation. Fine. But TFA promised me $profit!

    --
    Sig for hire.
  6. Outside of Japan by spinitch · · Score: 1

    Does anyone buy Japanese phones outside of Japan? Sony the top Japanese brand in Japan but still way behind Apple and think Samsung also ahead of Sony.

    1. Re: Outside of Japan by Anonymous Coward · · Score: 0

      I bought the Z1 compact because it was the only decent smartphone which was a) smaller than the 5 inch monsters and b) waterproof and robust enough for outdoor use in rain. I never trusted the IP65 claim enough to submerge it water. And after the magnetic charge connector broke out and I had to reglue it I will never do.

    2. Re:Outside of Japan by arth1 · · Score: 2

      Does anyone buy Japanese phones outside of Japan?

      Oh, absolutely. Sony used to be a popular brand for BYOP, where you wanted more than the crippled phones that plan providers delivered.
      These days, not so much - many features that Sony phones used to have are absent in new Sony phones, like RGBW displays (great in bright light), IR remote control, gapless music playback, USB-OTG without a dongle (eats batteries rapidly), mics where high/lowpass filters can be bypassed, stamina modes that would last weeks, and various other features.
      They also were the first or among the first to offer features like NFC, sapphire glass and dual-band WiFi.

      New Sony phones are all focused on the camera. If that's not what you want, Sony is not it anymore. They're seriously dumbed down compared to earlier offerings, much like other Sony products these days.

    3. Re:Outside of Japan by dunkelfalke · · Score: 1

      They are sold well in Germany. Also cheaper to repair than Samsung.

      --
      "It's such a fine line between stupid and clever" -- David St. Hubbins, Spinal Tap
    4. Re:Outside of Japan by drinkypoo · · Score: 1

      Sony phones haven't actually been popular since the RAZR. And Sony support is legendarily poor. They promised an OS update for Xperia Play and then never actually delivered it, saying they couldn't make it work properly. Well, community members managed it. Why people are still willing to give those assholes money (I got my Play used, and cheap, BTW — I use it as a desk clock now) Sony is ten pounds of incompetence in a five pound bag.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    5. Re:Outside of Japan by Anonymous Coward · · Score: 0

      Sony phones haven't actually been popular since the RAZR.

      Sony didn't produce the RAZR, Motorola did.

    6. Re:Outside of Japan by drinkypoo · · Score: 1

      Sony didn't produce the RAZR, Motorola did.

      Yeah, I left like a whole sentence out of my comment, sorry. That's when those SEXP mp3 phones were a thing. But Sony's android phones have never been particularly interesting to the market, possibly because they know that Sony will walk away from them at the least provocation.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  7. US only by Anonymous Coward · · Score: 0

    If I understand correctly, this only applies in the US.
    Given the fact that Sony is an international corporation with customers all over the world, it would be nice to have this information in TFA...

  8. Does anybody trust the waterproof rating? by CastrTroy · · Score: 1

    Does anybody really truly trust that their phone is waterproof. I have a Samsung Galaxy A5 which is IP68 certified. However, I don't really think I'm willing to deal with the headache that will inevitably come if it does get water damage. For me, it means I really don't worry about it in the rain or if I accidentally drop it in the water, but I'm not going to risk actively submerging it for more than necessary. I've heard enough stories about waterproof phones not being waterproof to know that I really shouldn't be pushing the limits. If it does get water damage, how do you prove that it wasn't due to the device being deeper or longer underwater than it was rated for?

    --

    Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
  9. Never forget by Anonymous Coward · · Score: 0

    Fuck apple even if this isn't about them. We should never forget.