Sony is suing over alleged lack of PS5 DualSense controller

Sony is suing over alleged lack of PS5 DualSense controller

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In a class action lawsuit is accused Sony (SNE) according to the complaint filed in the Southern District of New York on Friday, for violating the Consumer Fraud Act and breach of warranty agreements due to an alleged defect in the PS5 DualSense wireless controllers.
The filing comes shortly after law firm Chimicles Schwartz Kriner & Donaldson-Smith, which is among the companies working on the case, set up a website to solicit reports of problems with the controllers. The gambling news website IGN first reported the investigation into the firm and the lawsuit.

The class action claims that the DualSense controllers, released with the new PS5 console in November, suffer from a flaw known as ‘drift’, in which characters or other elements move on the screen without the user manipulate the joystick of the controller.

“This defect significantly complicates the game and therefore impairs the core functionality of the DualSense Controller,” the complaint reads.

Sony did not immediately respond to a request for comment.

The complaint alleges that the plaintiff, Lmarc Turner, experienced a problem with the driver’s control on the day he bought a PS5 in early February. Turner contacted customer service and followed their debugging instructions, in vain, the complaint reads.

“Since his experience with Sony for the first time in contact with the drive issue was not satisfactory, Turner decided to purchase another DualSense controller for $ 69.99 a few days later, the complaint reads.” If the plaintiff had been aware of the Drift Defect before buying his PS5, he would not otherwise have bought the PS5, or would have paid significantly less for it. “

In the case, it is also alleged that Sony was aware of the eviction issue due to “online complaints from consumers, complaints lodged by consumers directly about it, and through its own pre-release testing.”

There have been a number of reports on the issue in game blogs and on social media. Drifting, also known as ‘stick drift’, was also a problem with previous game controllers from other companies.

“One user reported the problem ten days after receiving the PS5 console and said they tried every possible solution – to turn on the console, turn Bluetooth on and off, reset the controller, and fully charge overnight – in vain. ” complaint says. “Despite its knowledge of the Drift Defect, Sony has not been able to disclose this material information to consumers.”

In the case, it is alleged that customers seeking help with their devices have fallen behind on Sony’s dedicated portal for problems with PS5 hardware, and they are waiting for long waits to talk to customer service agents. It claims that when consumers return the controllers for repairs related to removal, they ‘have to pay for shipping the controller to a Sony repair center … and Sony does not reimburse customers for these shipping costs.’

“Recent software and firmware updates have in no way improved or addressed the Drift defect,” according to the indictment.

The lawsuit seeks to have Sony institute a recall program or free replacement program to address the issue for all class members, in addition to other relief, such as damages to compensate consumers for expenses to correct the alleged defect. Sony said earlier this month that it sold 4.5 million units of PS5 hardware between the launch and December 31st.

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