The FTC has just ruled on a case over deceptive advertisement regarding the PSVita before and after the initial launch of the device.

Sony Computer Entertainment America (“Sony") agreed to settle Federal Trade Commission charges that it “deceived consumers with false advertising claims about the “game changing" technological features of its PlayStation Vita handheld gaming console during its U.S. launch campaign in late 2011 and early 2012.”

Some of those ads and promises from Sony were brought under scrutiny by the Federal Trade Commission for misleading consumers of the capabilities and features the Vita was to have. Some of those features include PS3 remote play, save state functionality and more. If you recall, Sony relied heavily on the PS3 remote play feature for advertising but never came through. Many titles, even to this day do not include remote play functionality for PS3 games. Games like Killzone 3 were shown to have remoteplay in adverts but never actually implemented such feature.

The official press release from the FTC details all the claims:

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The FTC’s complaint against Sony charges the company with making false claims about the PS Vita’s “cross platform gaming" or “cross-save" feature. Sony claimed, for example, that PS Vita users could pause any PS3 game at any time and continue to play the game on their PS Vita from where they left off. This feature, however, was only available for a few PS3 games, and the pause-and-save capability described in the ads varied significantly from game to game. For example, with respect to “MLB 12: The Show," consumers could only save the game to the PS Vita after finishing the entire nine-inning game on their PS3. In addition, Sony failed to inform consumers that to use this feature, purchasers had to buy two versions of the same game – one for their PS3 and one for the PS Vita.

The complaints also detail other various misleading presentations from Sony:

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The FTC’s complaint also alleges 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. In fact, consumers could not engage in live, multiplayer gaming.

The complaint further alleges that Sony also falsely claimed that with the “remote play" feature, PS Vita users could easily access their PS3 games on their handheld consoles. In reality, most PS3 games were not remote playable on the PS Vita. Sony also misled consumers by falsely claiming that PS Vita users could remotely play the popular PS3 game, Killzone 3, on the PS Vita. In fact, Sony never enabled remote play on its Killzone 3 game title, and very few, if any, PS3 games of similar size and complexity were remote playable on the PS Vita.

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Other complaints include false advertisement and not informing customers on certain, advertised games to have cross-buy that didnt such as MLB 12: The Show.

In addition to charging Sony the FTC decided to also charge Deutsch LA. According to the FTC they further “misled consumers by urging 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”.

As a result of these charges Sony (and Deutsch LA) are required to pay back compensation to buyers of the Vita at that time and is not allowed to make similarly misleading advertising campaigns.

Consumers who bought a PS Vita gaming console before June 1, 2012 will receive either a $25 cash or credit refund, or a $50 merchandise voucher for select video games, and/or services. Sony is ordered to verify everyone who is eligible and then email them shortly after they finalize details of the settlement.

The FTC has also posted a news-post called Sony’s ads shouldn’t play games to further get the point across that misleading consumers can and will have consequences.