Sony Moves for Arbitration in Fraud Class Action Over Camera Shutter Failures

A “quintessentially broad arbitration provision and the clear and unambiguous class action waiver are enforceable and mandates dismissal,” said Sony in a Monday motion to compel arbitration (docket 4:23-cv-00177) in U.S. District Court for Northern Florida in Tallahassee. In her May fraud lawsuit (see 2305090018), plaintiff Hannah Lewis sued Sony under the Florida Deceptive and Unfair Trade Practices Act and for the class under various state consumer fraud acts over shutter failures on the Alpha 7 III mirrorless camera that manifest in a “consistent way.” Lewis alleges Sony denied coverage to customers who experienced shutter failure on the camera for claims submitted outside the limited one-year warranty period. The a7 III has a shutter life expectancy of 200,000 actuations, but numerous users report failures at levels between 10,000 and 50,000, said the complaint. In its motion, Sony cited its printed one-year limited warranty containing an arbitration agreement and class-action waiver “requiring arbitration on an individual basis for any disputes ‘related to the product.’” Despite being put on notice that Sony intended to compel arbitration of her claims, Lewis “refused to conserve judicial resources and voluntarily dismiss this action,” the company said, asking the court to compel arbitration and dismiss her claims.