(NORTH VANCOUVER, B.C.,
22 November, 2004) - Defective Sony wide screen television sets are
the focus of a class action lawsuit initiated on behalf of British
Columbia consumers.
The action against Sony
concerns numerous models of wide screen Rear Projection Cathode Ray
Tube televisions and was filed by the law firm of Poyner Baxter of
North Vancouver, which works predominantly in the field of class
action suits.
Under the Class
Proceedings Act of B.C., a case is typically brought on behalf of
one individual as “representative of a class.” If certified by the
Supreme Court of B.C., all customers who experienced problems with
these sets would be automatically included. The person named in the
current action paid $2,734, exclusive of sales taxes, for a 46-inch
Sony set that proved to be defective.
The problem concerns
fixed images carried by most television channels. Many signals now
have network or service-provider logos, insignia and other artwork
permanently situated on the screen, irrespective of changing scenes
of actual programming. Fixed images are also commonly part of video
games. With these specific Sony sets, any images left in place tend
to become “burned-in” to the screen itself, such that subsequent
viewing becomes impaired.
An excerpt from the
statement of claim cites:
“The Plaintiff’s
Sony RPCRT television and the Class Televisions generally are
defective in that their screens are prone to retain images that
are steady, constant or fixed. Television networks and cable and
satellite service-providers commonly broadcast such images. This
defect is known as “image-retention” or “burn-in”...
“As a result of
the image-retention. . . the aforesaid horizontal and vertical
bars have become permanently visible during the Plaintiff’s
viewing of all television and movie programming. Such image
retention has interfered with, and impaired the Plaintiff’s use
and enjoyment of such television and will continue as such in
the future...”
“In its sales
brochures, advertisements and other forms of representations to
the public, the Defendants made statements that had the
capability, tendency or effect of deceiving or misleading
consumers which constituted deceptive and unconscionable
acts...”
Patrick J. Poyner, who
filed the action, said the evidence demonstrates that Sony was aware
of the potential problem before any of these sets were sold, “but
took inadequate steps to properly warn consumers. And, long after
customers and retailers reported many of these defective products,
Sony continues to deny responsibility, implying that improper use by
customers has caused the problem.”
“Sony’s actions were both
deceptive and misleading, and we look forward to the opportunity of
proving that,” Poyner said.
The complete text of the
Statement of Claim can be found at
www.poynerbaxter.com.
Anyone in B.C. who has experienced these problems with a Sony
RPCRTset can register their names in the database at this web
address.
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FOR MORE INFORMATION, PLEASE CONTACT:
Poyner Baxter, Suite 408 - 145
Chadwick Court
North Vancouver, B.C. V7M 3K1
Telephone: 604.988 6321 Fax: 604.988 3632
e-mail: poyner.baxter@telus.net
web site: www.poynerbaxter.com
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