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United States - Sony Settles FTC Charges Over Misleading Ads For PlayStation Vita Gaming Console

Sony Computer Entertainment America (“Sony”) has agreed to settle FTC charges that it deceived consumers with false advertising claims about the “game changing” technological features of its PlayStation Vita handheld gaming console.The settlement bars Sony from making similarly misleading advertising claims in the future, and requires it to provide redress to consumers who bought a PS Vita gaming console before June 1, 2012.

Sony claimed that the pocket-sized console would revolutionize gaming mobility, enabling consumers to play their PlayStation 3 games via “remote play.” It advertised that players could engage in “cross platform” play by starting a game on a PS3 and then continuing it on the go, right where they left off, on a PS Vita. According to the FTC complaint, each of these claims was misleading.The FTC’s complaint also alleged that Sony’s PS Vita ads falsely implied that consumers who owned the 3G version of the device (which cost an extra $50 plus monthly fees) could engage in live, multi-player gaming through a 3G network, but actual game play delivered less than the company promised.

“As we enter the year’s biggest shopping period, companies need to be reminded that if they make product promises to consumers -- as Sony did with the ‘game changing’ features of its PS Vita -- they must deliver on those pledges,” said Jessica Rich, Director of the FTC’s Bureau of Consumer Protection.“The FTC will not hesitate to act on behalf of consumers when companies or advertisers make false product claims.”

In a related action, the FTC charged that Sony’s advertising agency, Deutsch LA, Inc.,knew or should have known that certain cross platform and live, multiplayer gaming claims for the PS Vita were false. Significantly, the FTC also charged Deutsch LA with using deceptive social media to promote the PS Vita. According to the FTC, Deutsch LA urged its employees to create awareness and excitement about the PS Vita on Twitter, without instructing employees to disclose their connection to the advertising agency or its then-client Sony. Deutsch LA is barred from such conduct in the future.

The blog post, Sony Ads Shouldn’t Play Games, contains more information for consumers.Another blog post, Game over: FTC challenges Sony’s claims for PlayStation Vita and tweets by Deutsch LA, provides detail on Sony’s challenged claims and the social media aspect of the case.