Sony Support Ignoring ACL Request

Hi, curious if anyone else has had success with Sony customer support and them honouring their obligations under Australian Consumer Law.

Bought a 75" X90J TV approximately 3 years ago which has developed a panel fault. Interestingly, searching around for the issue shows other X90J users experiencing the same issues.

Sony have done their usual offer of an uneconomical repair at my expense or a minor TV discount. Quoting ACL and their obligations under the law have seen no response besides an offer to report them to the ACCC/Consumer Affairs and Customer Support has refused to escalate to get this reviewed by someone higher up.

Have consulted with Consumer Affairs and they have said to send a letter of demand, which I will do, but keen to know if anyone has had success getting a repair under ACL?

This will definitely be my last Sony TV as spending $3K every 3 years doesn't seem like a "Premium" TV that is of "acceptable quality"

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Comments

  • Bought a 75" X90J TV approximately 3 years ago

    How many years should it be under ACL ???

    • +7

      Well, ATO says to depreciate a TV over 5-8 years (depending on use) and Choice says 7 years. Panasonic also had a VCAT case where 8 years was stated as the expected life. So at least 5 should be "reasonable"

        • +13

          ACL says a "reasonable time" - I don't think many would say buying a $3K TV every 3 years is reasonable.

            • +1

              @jv: ACL doesn't have a definition - as it depends on the product, it's price, positioning - i.e. budget vs premium. And whilst "'thinking' won't stand up in a court thought" - the precedent vs Panasonic, ATO's statement and Choice's view all factor in to what is "reasonable".

                • +1

                  @jv: Australian Consumer Law is not law? Is that your expert legal opinion?

                  • @Darkscythe:

                    Australian Consumer Law is not law?

                    Isn't it?

                  • @Darkscythe: The law defines reasonable as something along the lines of what a reasonable person would consider reasonable under the circumstances.

                    Unfortunately, there is not very much case law to provide any real guideline yet, far less a definitive answer, so it really does turn on when the supplier/manufacturer will bend or otherwise what ruling you can get via the courts at this stage.

                    Courts need to force compliance with ACL for general consumers.

                    Jv is pretty spot on with his reference to ATO guidelines. Different beast to ACL.

                    • -4

                      @Muppet Detector:

                      The law defines reasonable as something along the lines of what a reasonable person would consider reasonable under the circumstances.

                      So what is a 'reasonable' warranty for a $3000 TV?
                      I say 3 years is reasonable.

                      • +2

                        @jv: Nope. 5-8 years is reasonable.

                  • -1

                    @Darkscythe: He means the definition isn't enforceable by law because there really isn't much of a definition.

                    What we do have so far is extremely vague (needs to pass the reasonable person test) and will really rest on the whims of the court atm as there isn't very much case law so far to create any guidance.

                    Of course Consumer Law is law. The legislation just doesn't provide a definitive answer about what you want, it is left purposely vague.

                    • @Muppet Detector:

                      The legislation just doesn't provide a definitive answer

                      But it should…

                      • +1

                        @jv: How could it?

                        It's not a once size fits all metric.

                        It can't even provide a definite punishment for committing a crime. We have to consult case law to determine that as well.

                      • +3

                        @jv: Tell me you didn't study law without telling me you didn't study law.

                  • +4

                    @Darkscythe: Quit while you're head, trying to have a logical conversation with jv is a waste of time and energy.

            • @jv: All laws place the judgement of "reasonable" to, wait for it, a judge. You don't seem to know what you're talking about.

        • You need to go back and research the Xbox "red ring of death" fiasco and how the ACL worked with that.

    • -2

      Unfortunately its not as simple as that.

      Just moving the TV to a different location can sometimes cause issues.
      Especialy with a huge 75" TV.
      Then you have unexpected power surges as well.
      Sony cannot be held responsible when this occurs.

      Unfortunately TVs today are not as robust as the ones 20 years old and more.
      Arguably when you pay so much money they should be.
      But its all about cost savings today

  • +6

    Try another customer service rep. I had a Sony TV replaced 5 years ago after the panel died post-warranty but under ACL and they sent an upgrade model for free.

    https://files.ozbargain.com.au/upload/255280/122648/sony.png

    • Ok, will give that a try too.

      • +2

        My experience…. I was ganged up on by both the Sony rep and the Repair man.
        Both of them told me lies. Only thing that worked was threatening them to spill the story to the original retailer, and the fair trading.
        I bought Sony studio speakers approx $1,000. 5 months out of warranty they were dead. Suspected power supply as absolutely nothing happened when power switch turned on on rear of the controlling speaker. Rang Sony they said take it to approved Repair man and have it checked out. Did so and told him I expected it would be repaired under ACL. Few days later the Repair man rang and said to Sony rep (in Melbourne, I am in Sydney). Did so. The Sony rep said the Repair man found screws missing and obvious tampering with the back of the controlling speaker as if someone had opened it up. He said therefore Sony would not cover the damage. Now, this was an absolute LIE. Nobody had tampered with the speakers, 100% certain. They had concocted this neat big lie between them to absolve all responsibility. I wondered how many other innocent people they had tried this out on. I assured him that I was aware that this was a blatant lie, that I would consult with the retailer I purchased from, and take the issue to fair trading if he persisted with the BS. What do you know, I received a call from someone at sony saying that they would cover the damage and fix the speakers. Satisfaction!, but I was really shocked that professionals like them would resort to such disgraceful tactics. As Hybroid suggested, go further up the chain if the rep tries to bs you, and threaten them with exposure if you need to.

  • +31

    The proper procedure is as follows:

    • Write a written formal complaint to Sony explaining the problem, the remedy offered, why it's not acceptable, and the remedy you would like under ACL. (You may have done this already.)

    • If you don't receive a satisfactory outcome, write a written complaint to your state's Department of Fair Trading or equivalent. (I assume this is what you mean by Consumer Affairs.)

    • Fair Trading will contact you and Sony to get information and then provide a recommendation, whether it be that Sony should provide the remedy you've requested or what Fair Trading believes is appropriate. This recommendation is not an order and is not enforceable if either party chooses to reject it.

    • Apply for a hearing in your state's Civil & Administrative Tribunal (xCAT) or equivalent if it remains unresolved following your Fair Trading complaint. There is a cost to do this. As part of your submission, you will need to include the complaint plus the communications you've had with Sony, the Fair Trading recommendation, etc.

    • The Tribunal will allow you and Sony to negotiate and agree to a remedy during the process, however if no agreement is reached, then a hearing will be held after which it will issue an order to resolve the matter. If they decide that Sony has not acted within their obligations under the ACL, then they will usually order a suitable remedy for you. An order from the tribunal is enforceable.

    The ACCC is a consumer watchdog, among other things, that looks at broader issues within the market. You are welcome to submit a complaint to them, but be aware that they do not handle individual disputes between two parties. They may investigate companies for general contraventions of ACL if they find cause to do so, for example if they receive a large number of complaints for similar issues against a company. They can offer advice but will otherwise not help you enforce any action against Sony.

    • Thanks for the reply. Consumer Affairs is our Department of Fair Trading. Letter of Demand is where I'm at - customer service won't give me an email for it so I'm going to have to send it to the default support email where it'll probably go into the ether but will at least give me documentation to give to Consumer Affairs and ultimately xCAT I guess.

      • +1

        Ok, a letter of demand is not something I've encountered or needed in NSW. Did you only ask Consumer Affairs for advice rather than file a complaint with them? Have a look at this page for their recommended procedure.

        On that page, written complaint to the business is Step 3. Step 4 is mostly irrelevant to your circumstances, it mainly involves getting a refund through other means, but it's been three years already. Step 5 is the written complaint to Consumer Affairs.

        If it remains unresolved after those steps, and you wish to pursue it further, then it will need to be taken to VCAT. You can find information about the cases they handle here.

        • +1

          I spoke with them and they've said to send the Letter of Demand and once the timeframe lapses (i.e. 10 days) to call them back and they'll lodge it formally.

      • Maybe try registered mail to a physical address as well.

    • +3

      What a sensational comprehensive response.

  • +3

    Create a complaint with the consumer affairs in your state. Then, send a letter or demand to Sony including the reference number supplied by consumer affairs. Give them 10 business days to respond otherwise you will commence legal action.

    They'll very likely cave to your demands. If not, file an application against them in your local court. If it's a fault and the TV is only 3 years old you should succeed.

  • +2

    My $15 shower head has 10 years warranty. Odd i know.

    • How many years under ACL ?

      • -1

        Probably 1 year.

        • 😲

          So they expect us to buy a new shower head every year ?

          • @jv: They expect most people will buy a shower head worth more than $15.

    • +2

      Sometimes companies have faith in their products. I'll always buy Peak Design products as they come with a lifetime warranty and I've never had any issues claiming for a fault. They believe in their products and design them accordingly (at least that's been my experience to date).

  • It really depends, a 75" TV 3 years ago for $ 3K most likely was a "discounted, seconds, damaged box" item. If you had purchased it on eBay, most likely you didn't pay the full invoiced price as you most likely got 20% (or even 22% off).

    To the manufacturer, there is a difference between a 50 inch TV for 3K and a 75 inch for 3K.

    Saying that, a reasonable expectation for a TV should last at least 5 years (in a private settings).

    • Brand new with a discount from the store - think it was just as the new models came out

      • Have any idea how much does it cost to fix it?

        • Sony said it'll need a new panel so about $2k - these things are intentionally uneconomical to repair.

  • +1

    I had my $1500 Sony 55" repaired under ACL at 2.5 years old after the main board died. Initially they said same thing, out of warranty but for $xx we can have the unit inspected and quoted for. I did have to write to them quoting ACL. Mentioned about Sony advertising their products as a 'premium' product and as such I asked them if they thought the reasonable lifetime for one of the 'premium' products is just 2.5 years old as I certainly did not. They caved and fixed the unit.

    What gets me is that they 'Sony' clearly don't see their products as 'premium' any more if they are only willing to offer a 1 year warranty on their TVs. I would never buy Sony again personally.

    • Buy a TCL, they all come with a 3 year warranty.

      • That'll be my next purchase.

      • Hisense offer three years, too.

  • +1

    Sorry OP getting the runaround, been there, done that with Sony, HN, and Samsung. I don't have a solution but can explain my experience

    The only time I had hassle free out of warranty issues is with Apple beats, the firmware update bricked it, it was 2 years out of warranty and apple replaced it on the spot. That was nice.

    I'm gonna get hate for this but I now buy extended warranty, yes you all can hate me cause there are ACCC laws etc. I do know the laws BUT, I rather pay $100 extra for 3 years extra warranty than to go through complaints, fair trading etc…..

    Example: I got a 3.5k Samsung TV in 2015, 2 years default warranty but I paid 5 years extra warranty for $150 through HN. The tv died at around 3.5 years in and I went into HN, they looked at the TV, wasn't turning on and no physical damage. Rep said "here's 3.5k credit or we'll pick out a similar TV for you". I took the credit and got a new tv on the spot, hassle free.

    Could you imagine the bullshit I would have gone through if I debated reasonable time frame for warranty on a 3.5k premium Samsung TV at the time.

    • We got the extended warranty from JB thrown in at no extra cost. Worth it as a bargaining point. They also have a clear set of guidelines as to what they consider as still under warranty at what price point. They say this doesn’t exclude ACL.

    • Had the exact same experience with apple. Firmware bricked a unit, the replaced with same model, that unit also died a month later and replaced again. Current unit has been going strong since. I make sure to disable auto update now and just do a manual one every once in a while if I'm having any software issues. Can't fault apple in this regard. Thankfully my LG TV has been going strong after 10 years. It was one of the last 4k 3d tvs So don't want to to die but at the same time it's really showing its age. Will likely go a tcl or Hisense next time around.

  • -1

    Honestly everyone I know (including myself) who has bought a Sony TV vowed never to do so again.

    I don’t know if Google (Android / TV) are to blame or Sony, but they just turn to sluggish pieces of shit in a few years. My old one is possessed. Reboots itself every now and then, doesn’t display inputs until a power off/on reboot.

    Not that many any other brands are any better. My LGs have been impeccable tho. Much happier.

    • who has bought a Sony TV vowed never to do so again.

      My 25yo Japanese made 4:3 Sony CRT TV which weighs about a tonne is still going strong…

      • +1

        Actually yeah my parents old 80cm “flat screen” trinitron CRT was very good. They don’t make em like they used to etc.

    • My Sony is twelve years old and so far so good… hope I haven't just jinxed myself.

  • sony TV's only last 3 years now??

    can't believe how quality is gone down the drain.

    over a year ago I found it funny a comment was bragging about buying, and dumping a new TV every year. weird humble brag. when I commented how ridiculous it was for an expensive appliance like a TV, got many nasty comments suggesting I was poor and dumb.. 🙂

  • +1

    Sony does this 100 times a day and that know 90% will cave in but be strong and do the above recommendations. Just depends if you can go without a TV for 3 months.

  • -1

    Ive got a Sony x85j and when it dies im buying a different brand.
    Years ago i had a Pansonic plasma where the panel died and they fixed it out of warranty without question.
    There's no way im paying for a premium brand with the kind of rubbish support the OP is going through.

  • Had a similar experience with a Sony TV.
    Will never buy one again.
    There are plenty of good alternatives. Vote with your money. Sony (lack of) customer service should not be supported.

  • Where did you buy the TV?
    If Sony, continue doing what you are doing with Fair Trading.
    But ACL is done by contacting the company you bought it from, and it's their problem to offer you a remedy.
    If unresolved, raise a dispute with Fair Trading against the retailer.

  • had this experience recently with a pair of headphones.
    they ignored me until I sent them a letter of demand.
    After that- they dealt with replacement quickly and professionally.

    Tips- use the framework for your letter from the relevant ACL website- I live in NSW but dealt with the company via VIC laws, and they had a sample letter on the Vic website.

  • I am in a very similar circumstance with Sony. I lodged my case with VCAT after no action was taken by Consumer Affairs Victoria. At least I can fight for my rights in VCAT.

  • +1

    I just had the same issue with a Sony KD-75X85J just died last week after about 3 years and 4 months, currently waiting for a reply from the store that I bought with a discount. I'm very surprised to hear a lot of people having similar issue.

  • Updates OP?

    • +1

      Still an ongoing situation - will update when I have an outcome

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