The claim states that Sony BMG's failed to discloseit uses on its CDs and thousands of computer users have unknowingly infected their computers, according to court documents.
The suit, filed Nov. 1 in Los Angeles Superior Court asks the court to stop Sony BMG from selling additionaland seeks monetary damages for California consumers who purchased them.
A spokesman for Sony BMG declined to comment.
Sony BMG is a joint venture of Sony and Bertelsmann AG.
Alan Himmelfarb, the attorney for the consumers, was not available for comment.
The suit claims that around June 2005, Sony BMG began to issue some CDs that install digital rights management software that continuously monitors for rights problems, depleting a computer's available resources.
The suit says the technology cannot be removed without damage to the system and that Sony BMG does not advise consumers of.