A US law firm has filed a class action lawsuit against Sony over alleged PlayStation 5 DualSense operation.
This week, Chimicles’ Schwartz Kriner & Donaldson-Smith (CSK & D), the company behind the ongoing class action lawsuit against Nintendo over Joy-Con operations, asked affected customers to get in touch via an online form.
It was clear that the call to action did the trick. The DualSense lawsuit is now being filed in the U.S. District Court for the Southern District of New York on behalf of a plaintiff named Lmarc Turner, Virginia, and other affected customers in the United States against Sony Corporation of America and Sony Interactive Entertainment.
The complaint, filed on February 12 and seen by Eurogamer, claims that DualSense is “deficient”.
“In particular, the DualSense controllers used to operate the PS5 contain an error that results in characters or games moving on the screen without user command or manual control of the joystick.
“This bug significantly disrupts the game, thereby compromising the DualSense controller’s core functionality.”
The complaint cites several online reports of DualSense operations on reddit and social media, including the tweet below which includes a clip of apparent operations while playing Rogue Company:
Gyro in PS5 cushion is a very significant improvement over DS4, but … It will happen to drive in this. Just enough to miss the first shot completely. # PS5Share, #RogueCompany pic.twitter.com/UiNjzBJz3W
– Nalverus (@Nalverus) February 5, 2021
The complaint further accuses Sony of being aware of this alleged DualSense operation via online consumer complaints, claiming that the company equipped DualSense with “virtually the same analog components” as the PlayStation 4s DualShock 4, which allegedly also suffered from operation, and that the options for repair is “slim”.
“Customers experience long waits and have to deal with a maze of pre-recorded phone requests before finally talking to a repair agent for DualSense controls,” the complaint states, pointing out that customers have to pay to send the controller to a Sony repair center, even for repairs in the warranty.
Turner is said to have bought a PS5 on February 5, 2021 and experienced DualSense operation the same day. He contacted Sony customer service and was asked to reset the console, which did not work. Turner ended up buying another DualSense controller priced at $ 69.99 a few days later.
“Had the plaintiff been aware of the operating defect before he bought the PS5, he would otherwise not have bought the PS5, or would have paid significantly less for it,” the complaint states.
This is an important point in connection with CSK & D’s ongoing case against Nintendo regarding Joy-Con operation. CSK & D filed a class action lawsuit against Nintendo of America in the U.S. District Court for the Western District of Washington back in 2019 due to Joy-Con operations following a similar call for affected customers to contact. The court forced the case to arbitration, even though it refused to dismiss the case. CSK & D says that it is currently working to pursue the case through the arbitration process. Clearly it hopes to avoid going that route with the DualSense case.
The appeal requires a trial with the jury, with the plaintiff seeking financial relief “for damages suffered, declaratory relief and public injunction”. Sony has not yet commented.
Dualsense Operation from r / PS5
Controller operation has become an important problem in recent years. There is an ongoing class action lawsuit against Microsoft for “stick operation” on Xbox One controllers, which also includes specific reference to the company’s latest Elite controller, Elite Series 2.
And in January 2021, the European Commission confirmed plans to consider potential action against Nintendo over Joy-Con operation, which was asked to act by its own European consumer organization (BEUC), which received more than 25,000 complaints from many countries.