Chimicles Schwartz Kriner & Donaldson-Smith (CSK&D), a US law firm, has filed a class action against Sony over alleged P5 DualSense drift. CSK&D, which is also handling the ongoing class action lawsuit against Nintendo over Joy-Con drift, has asked affected customers to contact the firm via an online form.
The DualSense lawsuit, which was filed in the United States District Court for the Southern District of New York on February 12 on behalf of Lmarc Turner and other affected customers against Sony Corporation of America and Sony Interactive Entertainment, claims the PS5 DualSense controller is “defective.”
“Specifically, the DualSense controllers that are used to operate the PS5 contain a defect that results in characters or gameplay moving on the screen without user command or manual operation of the joystick. This defect significantly interferes with gameplay and thus compromises the DualSense controller’s core functionality,” the complaint states.
The complaint, which cites multiple social media reports of DualSense drift, alleges that Sony was aware of the defect after receiving numerous customer complaints. The complaint also claims that the Japanese corporation equipped the DualSense with “virtually the same analog components” as the DualSense 4, which reportedly suffered from drift, and that there were limited options for repair.
“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,” the complaint states, adding that customers must pay for shipping the device to a Sony repair center even when the controller is under warranty.
Turner reportedly purchased a PS5 on February 5 and experienced DualSense drift that same day. After contacting Sony customer service, he was told to reset his console, which failed to correct the drift. Turner finally bought another DualSense controller for $69.99 several days later.
The lawsuit claims that if Turner had been aware of the defect, he wouldn’t have bought the PS5. The complaint adds that Turner agreed to Sony’s PlayStation terms of service and user agreement when he set up his PS5 controller, but informed Sony that he was opting out of resolving any disputes through arbitration.
This may affect the outcome of the case since the law firm’s ongoing case against Nintendo over Joy-Con drift has been sent to arbitration. The Sony complaint, which requests a jury trial, seeks compensation “for damages suffered, declaratory relief, and public injunctive relief.”
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