US law firm Chimicles Schwartz Kriner & Donaldson-Smith LLP has officially filed a class action lawsuit against Sony alleging that the PS5 DualSense controller is defective due to its drift issues. In addition, the firm believes that Sony was aware of the problem without disclosing it to the public.
The case is calling Sony out for being fraudulent, deceptive, unlawful and unfair”. This comes after multiple reports of DualSense drift have appeared online over the course of the past few months. However, it was not until last week when media began making a fuss about it that the law firm picked up on the widespread issue.
The firm then opened up a form page where users could report their own personal experiences with the DualSense drift. This was done to gather information on the issue. The firm is taking Sony to court over the entire DualSense drift issue. This ranges from selling a controller that is defective to offering limited repair programs for the hardware too.
According to the case, when consumers experience DualSense drift defect the options for repair are limited. The film believes Sony’s after-market support is working against consumers that have issues with their controller. They state:
When consumers experience the Drift Defect, the options for repair are slim. Reportedly, Sony PlayStation’s dedicated portal for issues with PS5 hardware—including the DualSense Controller—is experiencing a backlog and redirecting consumers to contact a customer service agent via the contact page for PlayStation support. Customers are experiencing long wait times and having to deal with a maze of pre-recorded phone prompts before finally speaking with an agent concerning repairs for DualSense Controller drift.”
They seek monetary relief for damages suffered, declaratory relief, and public injunctive relief. According to the firm, the controller breaches the merchant warranty provided by Sony that promises consumers that the device works out of the box.
The complaint describes the PS5 DualSene controller as “defective”. It reads:
“A defect that results in characters or gameplay moving on the screen without user command or manual operation of the joystick at all relevant times. Sony is aware of the drift through online consumer complaints, complaints made by consumers directly to it, and through its own pre-release testing.”
Lmarc Turner, the Virginian-based plaintiff reportedly purchased his PS5 on 5 February 2021. He discovered that his DualSense controller was suffering from drift issues on the same day. Upon contacting Sony, the customer support told him to reset the game and console and offered no further assistance. The firm believes that if Lmarc knew about the DualSense drift issue beforehand he would not have purchased the PS5 or would have paid less for the bundle.
The firm also believes that due to the DualSense controller making use of the same analogue mechanism as the DualShock 4, Sony had prior knowledge of the issue. The DualShock 4 also suffered from drift problems although not as widespread as this.
They also believe that there’s no indication that Sony has developed a fix or program to tackle the DualSense drift issues. Instead, they “simply perform some sort of minor refurbishment and send the DualSense controller back to the consumer still defective and susceptible to the manifestation of the Drift Defect in the future.”
The suit aims to provide relief in the form of an order to stop Sony’s “unlawful business practices.” In addition, the firm is calling on Sony to recall the defective units or offer a free replacement program for the controllers. They also hope for compensation for damages.