Gaming PS5 DualSense Controller Drift: Class Action Lawsuit Filed Against Sony

tom_mai78101

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A US lawfirm has filed a class action lawsuit against Sony, alleging that the PS5 DualSense controller is defective due to drift, and that Sony was aware of the problem without disclosing it. The suit calls Sony's conduct, "fraudulent, deceptive, unlawful, and unfair".

Last week, we reported on an investigation into DualSense drift by law firm Chimicles Schwartz Kriner & Donaldson-Smith LLP (CSK&D). The firm has now formally filed a class action suit in the US District Court for the Southern District of New York. In documents provided to IGN, the suit is filed on behalf of plaintiff Lmarc Turner and "all others similarly situated", and names the defendants as Sony Corporation of America and Sony Interactive Entertainment. To IGN's knowledge, this is the first such suit filed against Sony regarding DualSense – it may well not be the last.

The complaint describes the PS5 DualSense controller as "defective", as it contains "a defect that results in characters or gameplay moving on the screen without user command or manual operation of the joystick", known popularly as controller drift. Further, the complaint alleges that Sony has "at all relevant times" been aware of the problems with drift, "through online consumer complaints, complaints made by consumers directly to it, and through its own pre-release testing."

The suit also alleges that Sony's options for controller repair are too limited: "When consumers experience the Drift Defect, the options for repair are slim. Reportedly, Sony PlayStation’s dedicated portal for issues with PS5 hardware—including the DualSense Controller—is experiencing a backlog and redirecting consumers to contact a customer service agent via the contact page for PlayStation support. Customers are experiencing long wait times and having to deal with a maze of pre-recorded phone prompts before finally speaking with an agent concerning repairs for DualSense Controller drift."

The suit seeks a jury trial, and "monetary relief for damages suffered, declaratory relief, and public injunctive relief." The documents point to counts of breach of excess warranty, breach of implied warranty of merchantability, unjust enrichment, and violations of the Virginia Consumer Protection Act.


Read more here. (IGN)
 
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