Sony facing class action lawsuit over alleged PS5 DualSense controller defect

Accused of a class action Sony (SNE) According to a complaint filed Friday in the Southern District of New York for violating consumer fraud laws and breaching warranty agreements due to an alleged defect in the PS5 DualSense wireless controllers. The filing comes soon after the law firm Chimicles Schwartz Kriner & Donaldson-Smith, which is one of the law firms involved in the lawsuit, set up a website requesting reports on issues with controllers. Gaming news site IGN first covered the company’s investigation and lawsuit.

The class action lawsuit alleges that the DualSense controllers, which were released along with the new PS5 console in November, suffered from a bug known as “drift” where characters or other elements move around the screen without the User manipulates the joystick of the controller.

“This defect significantly affects the gameplay and thus affects the core functionality of the DualSense controller,” says the complaint.

Sony did not immediately respond to a request for comment on the lawsuit.

The complaint alleges that the plaintiff, Lmarc Turner, had an issue with the controller drifting on the day he bought a PS5 in early February. Turner contacted customer service and followed the troubleshooting instructions to no avail, the complaint states.

“In light of his experience with first contacting Sony, the drift problem could not be solved satisfactorily,” Turner decided a few days later to purchase another DualSense controller for US $ 69.99. “If the plaintiff had known about the drift defect before buying his PS5, he would otherwise not have bought the PS5 or would have paid much less for it.”

The lawsuit also alleges that Sony was aware of the drift problem due to “online consumer complaints, consumer complaints directly to the company and through its own testing prior to release”.

There have been a number of reports on the subject on gaming blogs and social media. Drifting, also known as “stick drift”, was also an issue with previous gaming controllers from other companies.

“One user reported the problem 10 days after receiving the PS5 console and said they tried every possible solution – turning the console off and then on again, turning bluetooth on and off, resetting the controller, and completely turning it on overnight recharge – to no avail. ” Complaint says. “Despite its knowledge of the drift defect, Sony has not disclosed this essential information to consumers.”

The lawsuit alleges that customers seeking help with their devices have found backlog of PS5 hardware issues on Sony’s dedicated portal and long waits to speak to customer service representatives. It is alleged that when consumers return controllers for drift-related repairs, “they will have to pay to ship the controller to a Sony repair center … and Sony will not reimburse customers for those shipping costs”.

“Current software and firmware updates have not improved or eliminated the drift defect in any way,” the complaint said.

The lawsuit is aimed at getting Sony to implement a recall or free replacement program to resolve the issue for all class members, in addition to other facilities such as damage payments to reimburse consumers for expenses incurred in fixing the alleged defect. Sony announced earlier this month that it had sold 4.5 million PS5 hardware units between its launch and December 31st.

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