Consumer protection lawsuit: Sony can't simply raise prices for PlayStation Plus

Sony may not increase the prices of its PlayStation Plus subscription service without the consent of users. According to a report in the industry magazine Gameswirtschaft, the Federation of German Consumer Organizations (vzbv) has obtained this in a lawsuit before the Berlin Court of Appeal. The corresponding clauses found in Sony's general terms and conditions were illegal.

According to the Gameswirtschaft report, the Court of Appeal ruled that Sony lacked a legitimate interest in such a price adjustment clause. In an earlier version of its T&Cs, Sony had granted itself “leeway for uncontrolled price increases”. In the current version of the terms and conditions of Sony's PlayStation Plus games subscription, the clause can no longer be found.

Price adjustment clauses ineffective

The case is reminiscent of similar vzbv lawsuits against the streaming services Netflix, Spotify, and DAZN. All companies had granted themselves the right in their terms and conditions to increase subscription prices without the explicit consent of users. Such unilateral price increases are generally not permitted in Germany. Providers must ask users for their consent to the price increase in an email, for example. If a user refuses or does not respond, the contract may be terminated.

Sony last increased the price of PlayStation Plus in summer 2023. At that time, Sony informed users in an email and pointed out the option to cancel. However, if users failed to act, the subscription was simply continued under new conditions.

The decision of the Berlin Court of Appeal on the price adjustment clause largely mirrors comparable decisions on Netflix and Spotify. However, according to Gameswirtschaft, the court also ruled on a second clause: Sony reserves the right to restrict games and online functions included in the subscription at any time without prior notice. The court ruled that this was unreasonable. Customers would not be able to assess what changes to the offer they could expect.

The ruling is not yet legally binding, reports Gameswirtschaft. Sony has lodged an appeal against denial of leave to appeal with the Federal Court of Justice. Sony has not commented on the case or the court decision.

(dahe)