The complaint describes the PS5 DualSense controller as “defective”, as it contains “an error that results in characters or games moving on the screen without user command or manual control of the joystick”, known as controller operation. Furthermore, the complaint alleges that Sony has “at all times” been aware of operational issues, “through online consumer complaints, consumer complaints directly to it, and through its own pre-release test.”
The suit also claims that Sony’s options for repairing controllers are too limited: “When consumers experience Drift Defect, repair options are slim. It is reported that Sony PlayStation’s dedicated portal for PS5 hardware issues – including DualSense Controller – is experiencing a lag and redirect “consumers to contact a customer service agent through the PlayStation Support contact page. Customers experience long waits and have to deal with a maze of pre-recorded phone requests before finally talking to a DualSense Controller Operations Repair Agent.”
The case seeks a jury trial, and “financial relief for damages suffered, declaratory relief and public injunction.” The documents point to breach of excess warranty, breach of implied warranty of merchantability, unfair enrichment and violation of the Virginia Consumer Protection Act.
The Virginia-based plaintiff, Lmarc Turner, allegedly bought his PS5 on or around February 5, 2021, and found that it was out of order the same day. Turner apparently then contacted Sony customer service, and was told to reset the game and console, but provided no further assistance. The issue was not resolved, Turner then purchased a new DualSense. “Had the plaintiff been aware of Drift Defect before he bought his PS5,” the documents add, “he would not otherwise have bought the PS5, or would have paid significantly less for it.”
An interesting extra detail: Turner admits to having accepted Sony’s terms and conditions when he launched the PS5, but allegedly sent a letter to Sony expressing an intention to rule out “any disputes with Sony through individual arbitration.” A separate CSK & D lawsuit against Nintendo regarding control of operations was recently forced into arbitration before they went to court. A similar move may not be possible in this case, making it more likely to reach the requested jury trial.Apart from Turner’s report, the documents show a number of examples of comments on social media regarding PS5 operation, with players complaining about operation out of the box, or within days of use. CSK & D also points to reports of operation on PS4’s Dualshock 4 controllers – given that the pins in both controller models are the same, CSK & D adds that there is evidence of Sony’s prior knowledge of the problem.
The suit says that there is “no indication” that Sony has developed a solution for operation in DualSense: “Rather, it seems to only perform a kind of minor refurbishment and send the DualSense controller back to consumers who are still defective and exposed to manifestation. of Drift Defect in the future. “
The lawsuit calls for relief in the form of an order to stop Sony’s illegal, misleading, false and unfair business practices, “set up a recall or free replacement program for DualSense controllers, compensation damages and more.
IGN has contacted Sony for comment on the lawsuit.
Operations have become an increasingly hot topic in recent years. We have previously called the operation of Nintendo Switch Joy-Con controllers a “disaster” for the company, and Nintendo is now facing official investigations and lawsuits around the world, including an investigation by the European Commission.
Joe Skrebels is IGN’s CEO of News. Follow him on Twitter. Got a tip for us? Want to discuss a possible story? Send an email to email@example.com.