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 joystick operation”, popularly known as controller drift. In addition, the complaint alleges that Sony “at all relevant times” has been aware of the problems with the diversion, “through consumer complaints online, complaints made by consumers directly to it and through its own pre- launch”.
The suit also claims that Sony’s options for repairing the controller are very limited: “When consumers try Drift Defect, the options for repair are minimal. Reportedly, Sony PlayStation’s dedicated portal for problems with PS5 hardware – including the Controller DualSense – is experiencing an accumulation and redirecting consumers to contact a customer service agent via the PlayStation support contact page Customers are experiencing long waiting times and having to deal with a maze of pre-recorded phone prompts before finally talking to an agent about repairs to bypass the DualSense Controller. “
The lawsuit seeks a jury trial and “monetary compensation for the damages suffered, declaratory measures and public precautionary measures”. The documents point to accusations of breach of excess warranty, breach of implied warranty of merchantability, unjust enrichment and violations of the Virginia Consumer Protection Act.
Virginia plaintiff Lmarc Turner reportedly bought his PS5 on or around February 5, 2021, and found that he was suffering from a skid the same day. Apparently, Turner contacted Sony customer service and was instructed to restart the game and the console, but offered no further assistance. The problem was not solved, Turner then bought a second DualSense. “If the Claimant had known of the Deviation Defect before purchasing his PS5”, add the documents, “he would not have purchased the PS5 or would have paid substantially less for it.”
An extra interesting detail: Turner admits to having agreed to Sony’s terms and conditions when setting up the PS5, but allegedly sent a letter to Sony expressing the intention to cancel “any disputes with Sony through individual arbitration”. A separate CSK & D class action against Nintendo over the misuse of the controller was recently submitted to arbitration before reaching the courts. A similar move may not be possible in this case, making it more likely to reach the requested jury’s judgment.In addition to Turner’s report, the documents show a series of examples of social media comments on the PS5 diversion, with players complaining about diversion outside the box or within a few days of use. CSK & D points to reports of deviations in the PS4’s Dualshock 4 controllers, too – given that the handles inside both controller models are similar, CSK & D adds this to its evidence of Sony’s prior knowledge of the problem.
The lawsuit says there is “no indication” that Sony has developed a fix for the DualSense bypass: “Instead, it appears to be simply carrying out some kind of minor overhaul and sending the DualSense Controller back to consumers who are still defective and susceptible to manifestation of the Drift Defect in the future. “
The lawsuit calls for redress in the form of an order to prevent Sony’s “illegal, misleading, fraudulent and unfair business practices”, the creation of a free recall or replacement program for DualSense controllers, compensatory damages and more.
IGN contacted Sony to comment on the lawsuit.
Drift has become an increasingly hot topic in recent years. Previously, we considered the drift on the Nintendo Switch Joy-Con controls to be a “disaster” for the company, and Nintendo is now facing official scrutiny and lawsuits worldwide, including an investigation by the European Commission.
Joe Skrebels is the Executive News Editor at IGN. Follow him on Twitter. Do you have a tip for us? Want to discuss a possible story? Send an email to [email protected].