Consumer Organisation Successfully Sue Against PlayStation Plus Contract Clauses

The Berlin Court of Appeal has ruled in favour of the consumer protection organization vzbv in a lawsuit against Sony Interactive Entertainment Europe. The case focused on clauses related to price adjustments and the scope of PlayStation Plus offerings. The vzbv has achieved similar victories in cases against Netflix and Spotify. The ruling is not yet legally binding.

The court agreed with the consumer protection agency on both counts. The Verbraucherzentrale Bundesverband (vzbv; Federation of German Consumer Organizations), which is now reporting on the judgment handed down at the end of October, had filed the lawsuit against Sony Interactive Entertainment Europe, the distributor of PlayStation Plus subscriptions in Germany, arguing that two clauses violated applicable law.

The first contested clause allowed Sony to increase subscription prices without subscribers’ explicit consent. Under the clause, price changes would take effect 60 days after an email notification was sent. The court sided with the vzbv’s position that this clause lacked a legitimate interest, as either party could terminate the contract at short notice. The court emphasized that price adjustments could instead be implemented by terminating the existing contract and presenting a new offer.

This decision aligns with the court’s previous rulings. Last year, the vzbv successfully challenged similar price adjustment clauses in contracts from Netflix and Spotify. The second point of contention involved a clause granting Sony the right to alter the number and availability of games and online features included in the subscription at any time and without prior notice.

However, the ruling is not yet legally binding. As reported by the vzbv, Sony has filed a non-admission complaint with the Federal Court of Justice.