Sony facing class action over alleged PS5 DualSense controller defect

Sony facing class action over alleged PS5 DualSense controller defect

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A class action lawsuit accuses Sony (SNE) to violate consumer fraud statutes and to violate warranty agreements because of an alleged defect in the PS5 DualSense wireless controllers, according to a complaint filed in the Southern District of New York on Friday.
The request was made shortly after the law firm Chimicles Schwartz Kriner & Donaldson-Smith – which is among the companies listed as working on the case – created a web page requesting reports of problems with the controllers. The gaming news site IGN first reported on the company’s investigation and prosecution.

The class action claims that DualSense controllers, which were launched in November along with the new PS5 console, suffer from a defect known as “drift”, in which characters or other elements on the screen move without the user manipulating the controller joystick .

“This defect significantly interferes with gameplay and therefore compromises the central functionality of the DualSense Controller,” says the complaint.

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

The complaint states that the claimant, Lmarc Turner, experienced a controller diversion problem the day he purchased a PS5 in early February. Turner contacted customer service and followed the troubleshooting instructions to no avail, the complaint says.

“Considering that his experience in contacting Sony for the first time did not satisfactorily solve the diversion problem,” Turner opted to buy another DualSense controller for $ 69.99 a few days later, the complaint says. “If the Claimant had been aware of the Deviation Defect before purchasing his PS5, he would not otherwise have purchased the PS5, or would have paid substantially less for it.”

The suit also claims that Sony is aware of the problem due to “consumer complaints online, complaints made by consumers directly to it and through its own pre-launch tests”.

There are several reports on the problem on gaming blogs and on social media. Drifting, also known as “stick drift”, has been an issue with previous game controllers from other companies as well.

“A user reported the problem 10 days after receiving the PS5 console, stating that they tried all possible solutions – turning the console off and on, restarting the controller and charging it fully overnight – to no avail,” the complaint says. “Despite its knowledge of the Deviation Defect, Sony has not released this material information to consumers.”

The suit alleges that customers seeking help with their devices face a delay on Sony’s dedicated portal for problems with PS5 hardware and face long waiting times to speak with customer service agents. He claims that when consumers return controllers for warranty repairs related to the diversion, 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 not improved or addressed the bypass defect in any way,” according to the complaint.

The lawsuit aims to get Sony to implement a free recall or replacement program to solve the problem for all members of the class, as well as other measures, such as damages, to compensate consumers for extra expenses to fix the alleged defect. Sony said earlier this month that it sold 4.5 million units of PS5 hardware between its launch and December 31.

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