My Battle with Sony To Get a Refund on a DVD Player
One of the existential questions facing all TV watchers
these days is “Should I cut the cord?”, which is the current lingo for breaking
off from traditional television, stopping your cable service or satellite
reception, and relying only on streaming media via your computer or other
devices. Like many others before us, my
husband and I were suspicious of this possibility, and we began by exploring
what those various services (Netflix, Amazon Instant Video, Hula, etc.) had to
offer. That led to us being hooked on “House of Cards” (amazing television), “Transparent,”
“Orange Is the New Black,” and more, while appreciating that it was possible to
follow our favorite TV shows (well, most of them) in this same manner.
We bought a Sony Blu-Ray DVD player and connected it to our
wi-fi network, and for a few months things went well as we used it to stream
these services, but then it started having major problems connecting to the
internet. I brought in experts, upped
the strength of my internet signal, acquired both a new router and modem, but
nothing worked. It was too late to send
the product back via Amazon, so I embarked on a huge journey of trying to get
Sony interested in helping me. After
hours dealing with a telephone tree designed to make the strong weep, and many
instructions to unplug things and then plug them back in, etc., and futile
conversations with live people who seemed most capable at losing my former
information and making me start from scratch, I became madder and madder. Would Sony give me back my money? No, but they would send me a replacement of
the same product that caused the problem. I declined to start this nightmare over again.
I do have some advantages over the usual consumer caught in
this 21st Century version of hell: I know the law, am an expert in
it, and I know how to write a powerful letter. Once I finally talked a supervisor into giving
me the name and address of Sony’s legal department in California, I wrote them
a letter on May 4, 2015. It follows:
To Whom It May Concern:
I am a Sony
customer who in early January of this year bought a Sony Blu-Ray DVD Player,
Model # BDP-S5200/BM, serial #1221390, via Amazon.com. It worked perfectly for a month or so, and I
was very pleased, and then it began to have sporadic problems such as
connecting with the internet, or finding/maintaining a wi-fi connection with
apps like Netflix, or maintaining contact with the remote. As time went on this became a routine
problem, with connection almost never being automatic, but requiring use of
“Settings” before there was any hope of working, about 90% of the time. I talked with Customer Support about this and
was advised to unplug and then plug back in various items: my router, my modem,
and the Blu-Ray player itself (Sony also advised making sure I had downloaded
all upgrades to my player, and, yes, I had).
Sometimes these fixes worked, sometimes they didn’t. I then paid to upgrade and replace both my
modem and router, but that didn’t help even slightly. When Sony had no more advice, I finally gave
up last month, boxed up the machine, and bought a Samsung product which so far
has had no difficulties. I would like to
have Sony refund the $74.99 I paid (via Amazon) for the player. I have requested this relief in over seven
phone calls with Customer Support, ticket #E61118399 (and there were other
ticket numbers but I have lost track of the early ones), spending hours over
multiple weeks trying to wade through the almost impenetrable audio
bureaucracy, until finally I was given this address, where I trust I will meet
a lawyer.
If you Google
“douglas whaley sales” you will discover that I am an emeritus Professor of Law
at The Ohio States University and a nationally known expert on consumer law,
commercial law, and contracts (having published seven casebooks in these and
related fields, as well as all three UCC Gilberts).
Here is my quick
legal analysis of the situation. Sony’s
product doesn’t work in spite of repeated attempts to rectify the difficulty,
and thus it violates both the express warranty that came with the product and
the implied warranty of merchantability (UCC §2-314), which, as you know, is a
warranty that the product will be “fit for its ordinary purpose.” Its “ordinary purpose” here would be routine
watching of internet content without substantial difficulty. As a consequence of this breach I am rejecting
the product per UCC §2-602, and will happily return it to Sony if it pays the
postage for same after refunding the purchase price. The UCC is uniform as to these citations in
all U.S. jurisdictions (except Louisiana).
I’m not the only
buyer having these problems with this Sony model. If you go to http://www.amazon.com/Sony-BDPS5200-Blu-ray-Player-Wi-Fi/dp/B00HPMCO6O/ref=sr_1_1?ie=UTF8&qid=1430768971&sr=8-1&keywords=sony+blu-ray+player+bdp-s5200
you will find many customer reviews with sentences like these:
“Sometimes I get the message that
the network is not accessible when launching Netflix. I am using wired Ethernet
so I could eliminate any WiFi connection issues. It’s a solid connection. To
test the connection, I disconnected the Ethernet from the BDPS5200 and attached
it to my laptop. No problem. Blazing fast. Connected back to the BDPS5200,
"network is not accessible". Pulled the plug on the player, plugged
it back in, waited for 1-2 minutes, tried it again and it worked. Could it be the BDPS5200? Consider this: I just returned a BDPS5100
because it had the same problems. For as many people that are complaining on
Sony's web site, Sony's recommendations are textbook solutions that are
temporary fixes at best, like unplug and plug back in your player and a host of
other suggestions that people have tried that either didn't work or resulted in
temporary fixes.”
“Operation
of this unit is erratic and inconsistent. It randomly completely stops
responding to the remote and I have to reset the unit by unplugging it. Fast
forward or rewind a movie and you take the risk of losing control.”
“Worked
great for 4 months then died.”
“When it
works it's great. Playing discs is fine and both sound and picture quality is
excellent. However I find it freezes regularly when watching prime, it plays
but then won't pause, change programs or even switch the machine off. I have to switch off at the mains in order to
get it working. I've only had the
machine 5 months.”
“This
technology is not quite ready for mass home use in the US. The main problems
are spotty WiFi connection and truly crappy and UNINTUITIVE menus and submenus
merely to connect and surf simple, popular places like YouTube and Vimeo. The
DVD loads really slowly as well, slower than many portable cheap DVD
players. We really gave this unit a fair
shake, and tried and tried again to get it working smoothly; we wanted to keep
this.. it looked neat... but we felt we had to return it after wrestling with
it for 24 hours and not watching a single thing via the WiFi connection to our
Linksys EA4500 WiFi Router.”
If a refund is not
forthcoming by the end of May I will write all this up as an ongoing blog
experience for my very popular blog as I explore how small-potato consumers
like me can get relief when stiff-armed by a major company like Sony, and at
the same time I will file suit in the Franklin County Small Claims Court, using
your address for the Sony defendant (let me know if you’d prefer another), and
asking for my money back plus court costs ($78.00—more than the product
itself). I suspect Sony won’t defend, so
I’ll happily take a default judgment.
Then I will figure out how to register my judgment in a jurisdiction
where Sony has assets and with the aid of one of my former students (they’re
all over the country, including a number in California as a result of a
visiting year at Hastings) execute my judgment, probably against a Sony bank
account.
Or you can simply
advise your client to refund my $74.99 and we’ll be done with this.
I then closed by giving Sony’s
attorneys my contact information and signed my name. Less
than a week later I received the nicest phone call from the Office of the
President of Sony in which a woman cheerfully informed me that they had
received my letter and were pleased to tell me my money would be refunded
promptly. I was, of course, required to return their player to them, and,
perhaps cruelly, I did so by putting it in the box of the Samsung product I had
just purchased to replace it. I have
recently deposited the check, and all is finally well.
Sony in a Samsung Package |
The sad part is that not only did
it take forever to get relief, but that most consumers have little chance of
getting any satisfaction. The system is
gamed so that the telephone trees and the pretended relief is so complicated
that most people just pound their phones in fury and give up. In this Sony is not alone, but instead is part
of a thundering herd of sellers uninterested in giving customers easy avenues
of redress for their problems. If these
companies want satisfied customers they should make refunds the presumptive
relief on proof that the product breaches the warranties created by either the
contract or the law.
Here’s what you, buyer of a
defective product, might try in similar situations. If the seller is located in your
jurisdiction, consider filing a small claims court action and asking for
relief. Most such courts handle disputes
up to some small jurisdictional amount, say $3000 (check online for the limit
in your area), and if you lose the most you are out is the filing fee. You do not need an attorney in small claims
courts but can proceed pro se (pronounced
“pro say,” Latin meaning “for yourself,” i.e., no attorney). The seller (defendant) will be notified by
the court of the case and can defend. It
no appearance is made, the court will grant judgment in your favor and you can
then threaten the defendant with executing that judgment (say, garnishing a
bank account). If the defendant appears
you will argue it out before the judge and hope to win a judgment in your
favor.
Another possibility is to check
your credit card contract. Many credit
card companies agree to refund your money if consumer products don’t work and
were bought with that card, so check into that.
If you haven’t yet paid off the credit card bill on this purchase,
federal law [the Truth In Lending Act, Regulation Z 12 C.F.R. §1026.12(c)]
allows you to refuse to do so when the merchant who sold you the product will
not respond to your complaint that the product is defective. The credit card issuer, on getting written
notice of this dispute from you, must recredit your account and then get its
money back from the merchant.
The best solution is to deal
with merchants who are so proud of their products that they make it easy to get meaningful relief when something goes wrong, but these days such heroic capitalists are,
alas, vanishing entities. My blog posts mentioned below have some other
suggestions. Good luck to you and try
playing “Angry Birds” when placed on hold.
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Related Posts:
"I Threaten To Sure Apple Over an iPad Cover," April 8, 2011;
http://douglaswhaley.blogspot.com/2011/04/i-threaten-to-sue-apple-over-ipad2.html
"The Payment-In-Full Check: A Powerful Legal Maneuver," April 11, 2011; http://douglaswhaley.blogspot.com/2011/04/payment-in-full-check-powerful-legal.html
"What Non-Lawyers Should Know About Warranties," October 11, 2011;
http://douglaswhaley.blogspot.com/2011/10/what-non-lawyers-should-know-about.html
"How To Write an Effective Legal Threat Letter," October 19, 2011; http://douglaswhaley.blogspot.com/2011/10/how-to-write-effective-legal-threat.html
“How To Win Arguments and Change Someone’s Mind,” August 5, 2012;
http://douglaswhaley.blogspot.com/2012/08/howto-win-argument-and-change-someones.html
"Mortgage Foreclosures, Missing Promissory Notes, and the Uniform Commercial Code: A New Article," February 11, 2013; http://douglaswhaley.blogspot.com/2013/02/mortgage-foreclosures-missing.html
"Legal Terms You Should Know,” September 13, 2013;
http://douglaswhaley.blogspot.com/2013/09/legal-terms-you-should-know.html
“How To Respond to a Legal Threat.” March 29, 2014; http://douglaswhaley.blogspot.com/2014/03/how-to-respond-to-legal-threat.html
“Clicking on 'I Agree': Sticking Your Head in the Lion's Mouth?” September 27, 2014;
http://douglaswhaley.blogspot.com/2014/09/clicking-on-i-agree-sticking-your-head.html
“A Guide to the Best of My Blog,” April 29, 2013; http://douglaswhaley.blogspot.com/2013/04/a-guide-to-best-of-my-blog.html
Very useful post. I am struggling with Sony telephone warranty support system about a large screen LCD TV. A quick question: Would Sony be required to refund the CA Sales TAX (paid on the purchase in CA) if they agree to issue a refund? The phone agent I spoke with arrogantly told me that Sony NEVER refunds sales tax. Thanks.
ReplyDeleteThis answer is that I don't know. I'm not familiar with California law and not authorized to practice there. Good luck with this.
ReplyDelete