Limited Warranty Terms 'Conspicuous,' Says Sony in Support of Arbitration

Plaintiff Hannah Lewis “unceremoniously dropped half her claims by footnote,” said Sony Friday in its reply memorandum (docket 4:23-cv-00177) in support of its motion to compel arbitration in U.S. District Court for Northern Florida in Tallahassee. Lewis, who alleges Sony denied coverage to Alpha 7 III camera customers who experienced shutter failure on the camera for claims submitted outside of the one-year-warranty period, introduced “new facts,” said the company. Her camera was purchased for Lewis’ business by her business partner and it was bought as an “open box” product from Best Buy for the discounted price of $1,253.99, not the “premium” price of about $2,000 as initially indicated. Her warranty claims depend on the terms of the camera’s limited warranty and preclude her from arguing she isn’t bound by the limited warranty under Florida law, said the memorandum. “Plaintiff cannot rely upon the Limited Warranty as the basis for these claims and simultaneously profess ignorance of its terms,” Sony said. Lewis called the warranty “unconscionable,” but that requires the court to consider whether terms were concealed or “buried in fine print,” and whether the party was afforded a “meaningful choice with regard to arbitration,” said the memorandum. The one-page warranty is “conspicuous” and uses boldface and capitalization to bring certain clauses, including the arbitration clause, to a customer's attention, it said. On her assertion the warranty was presented on a “take-it-or-leave-it” basis, courts have recognized that “the purchaser of services [is] free to obtain such services elsewhere if he or she does not want to agree to a particular seller’s terms,” it said, citing Howse v. DirecTV. Lewis wasn't required to buy a Sony camera and “has not alleged that she lacked any reasonable alternative that prevented her from purchasing anything other than the camera at issue,” it said. It's also “undisputed” that the warranty provided a “clear mechanism to opt out of the arbitration clause and class action waiver,” Sony said.