FOLLOW US

Gamers involved in the ongoing antitrust dispute with Sony Interactive Entertainment have renewed their motion for preliminary approval of a $7.85 million settlement, seeking to resolve claims related to the pricing of downloadable game cards.

Filed in the U.S. District Court for the Northern District of California, the renewed motion addresses concerns previously raised by the court, including the proper treatment of PlayStation Network account credits. These credits, which will be electronically distributed to eligible gamers in lieu of cash, are not considered “coupons” under Ninth Circuit standards, according to the plaintiffs.

Settlement class members will be able to use their account credits freely on any digital game or add-on content available on the PlayStation Store. The credits are non-transferable but do not expire, providing ongoing flexibility and value to the recipients.

The plaintiffs highlighted that the settlement amount, after fees and costs, represents a significant recovery for the proposed class. Estimates of potential damages indicate a ceiling of $29.6 million, making this approximately 25% single damages recovery within a reasonable range.

The original lawsuit, filed in 2021 by Santa Monica gamer Agustin Caccuri, alleges that Sony established a monopoly over digital PlayStation games after restricting third-party retailers from selling game download codes in April 2019. The consolidated class action complaint filed in December 2024 includes plaintiffs Adrian Cendejas and Allen Neumark and represents a proposed class of 4.4 million gamers.

Under the terms of the settlement, eligible class members will receive cash-value PlayStation Network account credits, with the estimated recovery per account ranging from $0.91 to $33.66, averaging $1.14. Attorney fees are expected not to exceed 25% of the settlement, with additional costs and administrative expenses outlined in the motion.

The three named plaintiffs are to receive $10,000 each under the settlement. Counsel for the plaintiffs includes Michael M. Buchman of Motley Rice LLC, Jeff S. Westerman of Zimmerman Reed, Joseph R. Saveri, Ronnie S. Spiegel, Elissa A. Buchanan of Joseph Saveri Law Firm LLP, and Peggy J. Wedgworth and Elizabeth McKenna of Milberg Coleman Bryson Phillips Grossman PLLC. Sony is represented by Brian Hauser, Matt Modell, Patrick T. Hein, Kaleigh Ramsey, Randall S. Luskey, and Shawn M. Estrada.