Sony is not allowed to raise the prices of its PlayStation Plus subscription service without user consent. According to a report by industry magazine Gameswirtschaft, the Federal Association of Consumer Organizations (vzbv) achieved this in a lawsuit before the Berlin Court of Appeal. The relevant clauses found in Sony’s General Terms and Conditions are unlawful.
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Consumer protection lawsuit: Sony not allowed to raise PlayStation Plus pricesThe Court of Appeal decided accordingly Report from GameswirtschaftSony has no legitimate interest in such a price adjustment clause. In an earlier version of its terms and conditions, Sony had given itself “exemption for uncontrolled price increases”. This section can no longer be found in the current version of Sony’s PlayStation Plus Games subscription terms and conditions.
Price adjustment clause ineffective
The case is reminiscent of comparable lawsuits brought by vzbv against streaming services Netflix, Spotify and DAZN. In their terms and conditions, all companies had given themselves the right to raise subscription prices without the express consent of users. Such unilateral price increases are generally not permitted in Germany. Providers must ask users to agree to the price increase in an email. If a user declines or does not respond, termination may occur.
Sony last raised PlayStation Plus prices in summer 2023. At that time, Sony notified users in an email and explained the possibility of termination. However, if the user did not take action, the subscription was continued under the new terms.
The Berlin Court of Appeal’s decision on the price adjustment clause largely mirrors comparable decisions on Netflix and Spotify. However, according to Gameswirtschaft, the court decided on the second clause: Sony reserves the right to restrict the games and online functions included in the subscription at any time without prior notice. The court decided that this was unfair. This means that customers will not be able to predict what changes they can expect to the offer.
According to the report of Gameswirtschaft, the decision is not final yet. Sony has filed a non-admission complaint in federal court. Sony has not commented on the case or the court’s decision.
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