Sony will have to pay BRL 382.50 to players banned from PSN. In ruling on the case, the judge states that an action to prevent the user from accessing the product may be considered. unjust enrichment — When enrichment harms third parties.
The decision was published last Friday (21), but the process opened in October 2021. The PSN user also sought compensation for moral damages, but the request was denied. The compensation is equal to a portion of the funds spent by the claimant.
The decision shows that anger does not pay
In the lawsuit, the player claims that he spent more than BRL 765.91 with Sony since 2019 and that his account was “suspended without the right to violate the terms of service and user agreement.” In the ruling, the judge partially granted the request based on unjust enrichment. Sony will have to return the player for 382.50 BRL – enough for the Xbox Series S part.
The PSN user also requested an emergency guardianship to reactivate the account within 24 hours. The judge did not satisfy the request and said that a better knowledge of the facts will be needed, especially regarding the violation of the player’s contract. However, the magistrate ordered Sony to provide reasons for the user suspension and violations.
The company presented violations committed by the user, It showed that he had been suspended twice for inappropriate messages. In the first case, in November 2020, it was suspended for seven days, in the second, in December of the same year, the customer was suspended for 30 days. in February 2021, In the third account, the player was banned for inappropriate messages.
In the decision, the judge reported that although Sony banned the account without giving the user a reason and did not give him a chance to defend himself, the company acted in accordance with PSN’s terms of service. By creating an account on the Service, the player accepts the contract offered by Sony.
“In the user agreement, there is a clear reference to the form of behavior by the user, so as not to behave in an offensive way or to reduce someone on the basis of their mental or physical abilities, appearance or other personal characteristics (Clauses 5.2 and 5.3) with the penalty of suspension or termination of the contract (paragraph 12.2 – page 340)”, the judge’s decision states.