The complaint describes the PS5 DualSense controller as’ defective ‘, as it contains a defect that causes characters or games to move on the screen without the user’s joystick or manual operation’, which is generally known stands as ‘controller drift’. Furthermore, the complaint alleges that Sony was “at all relevant times” aware of the problems with removal, “through online consumer complaints, complaints directed at consumers directly and through its own pre-release testing.”
The case also claims that Sony’s options for repairing controllers are too limited: “When consumers experience the Drift Defect, the repair options are scarce. the DualSense Controller – a backlog and to contact consumers to a customer service agent via the PlayStation Support contact page Customers experience long waits and have to deal with a maze of pre-recorded phone calls before finally talking to an agent about DualSense repair Controller operation. “
The case is pending a jury trial and “monetary relief for damages suffered, declaratory relief and public relief.” The documents point to breach of redundant warranty, breach of the tacit warranty of merchantability, unfair enrichment, and violations of the Virginia Consumer Protection Act.
Virginia-based plaintiff Lmarc Turner reportedly bought their PS5 on February 5, 2021 and found it to be drifting on the same day. Turner apparently then contacted Sony’s customer service and told him to reinstall the game and console, but offered no further assistance. The issue has not been resolved. Turner then bought a second DualSense. “If the plaintiff had been aware of the Drift Defect before buying his PS5,” the documents add, “he otherwise would not have bought the PS5, or would have paid significantly less for it.”
One interesting extra detail: Turner admits that he agreed to Sony’s terms and conditions during the drafting of the PS5, but allegedly sent a letter to Sony in which he intends to resolve ‘any dispute with Sony by individual arbitration’. to close. A separate CSK & D class case against Nintendo regarding controller drift was recently forced into arbitration before the courts were reached. It is possible that a similar step is not possible in this case, which makes it more likely to ask the jury trial.Aside from Turner’s report, the documents show a number of examples of social media comments regarding PS5 drift, with players complaining that they drift out of the box or within days of use. CSK & D also points to reports of drift on the PS4’s Dualshock 4 controllers – as the sticks within both control models are similar, CSK & D adds this to its evidence of Sony’s prior knowledge of the problem.
According to the pack, there is “no indication” that Sony has developed a solution for drifting away in the DualSense: for the manifestation of the Drift Defect in the future. ‘
The case calls for relief in the form of an order to stop Sony’s “illegal, fraudulent, fraudulent and unfair business practices”, the introduction of a recall or free replacement program for DualSense controllers, compensation for damages, and more.
IGN contacted Sony for comment on the matter.
Drift has become an increasing topic in recent years. We previously called drift in Nintendo Switch Joy-Con controllers a “disaster” for the company, and Nintendo is now facing official investigations and lawsuits around the world, including a European Commission investigation.
Joe Skrebels is IGN’s editor – in – chief of News. Follow him further Twitter. Do you have a tip for us? Want to discuss a possible story? Send an email to [email protected].