Judge dismisses claims in PlayStation hacking class action lawsuit

A U.S. judge has dismissed a number of claims made by a class action lawsuit against Sony over the 2011 security breach of the PlayStation Network.

The class action lawsuit filed on behalf of PlayStation Network users claims that the company failed to protect the personal data of its users after a security breach that occurred between April 16-17, 2011. Hackers gained access to the personal data of millions of PSN users, exposing more than 69 million personal and credit card accounts. The service was subsequently closed for a month by Sony while it investigated the security breach.

U.S. District Judge Anthony Battaglia dismissed several claims made by the plaintiff, such as claims of negligence, unjust enrichment, bailment and violations of California consumer protection statutes.

The negligence claim was dismissed on the grounds that the plaintiff attempted to "plead around the contract with SNE [Sony Network Entertainment America], which expressly disclaims any guarantees of uninterrupted service or perfect security".

The judge also said that Sony did not violate consumer protection laws because "none of the named plaintiffs subscribed to premium PSN services, and thus received the PSN services free of cost."

The claim of bailment was also dismissed because: "as plaintiffs freely admit, plaintiff's personal information was stolen as a result of a criminal intrusion of Sony's Network. Plaintiffs do not allege that Sony was in any way involved with the data breach ... thus, there are no allegations of conversion or any other intentional conduct by Sony that would indicate that Sony sought to unlawfully retain possession of plaintiff's personal information."

Judge Battaglia gave the class an option to amend its claims for injunctive relief and violation of consumer protection law. The complete court document can be read here.

More from Polygon

The horror of Five Nights at Freddy's

  • Dark Souls 2: Crown of the Old Iron King Overview

  • Spacecom: a fast 4X built for multiplayer

  • Pillars of Eternity builds on role-playing classics

  • Tour the 1 KB hard drive built inside Minecraft

Latest Discussions

Log In Sign Up

Log In Sign Up

Please choose a new Polygon username and password

As part of the new Polygon launch, prior users will need to choose a permanent username, along with a new password.

Your username will be used to login to Polygon going forward.

I already have a Vox Media account!

Verify Vox Media account

Please login to your Vox Media account. This account will be linked to your previously existing Eater account.

Please choose a new Polygon username and password

As part of the new Polygon launch, prior MT authors will need to choose a new username and password.

Your username will be used to login to Polygon going forward.

Forgot password?

We'll email you a reset link.

If you signed up using a 3rd party account like Facebook or Twitter, please login with it instead.

Forgot password?

Try another email?

Almost done,

By becoming a registered user, you are also agreeing to our Terms and confirming that you have read our Privacy Policy.



Choose an available username to complete sign up.

In order to provide our users with a better overall experience, we ask for more information from Facebook when using it to login so that we can learn more about our audience and provide you with the best possible experience. We do not store specific user data and the sharing of it is not required to login with Facebook.