Sony PS5 controller defect lawsuit dismissed

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Update:

• A group of plaintiffs voluntarily dismissed a class action lawsuit accusing Sony of selling PlayStation 5 consoles with defective controllers.
• The group previously opted out of arbitration in an effort to bring their claims against Sony to a jury trial. 
• It claimed Sony sold PS5 controllers containing a manufacturing defect that caused video game characters or gameplay to move on screen without command or controller joystick operation.
• The group opted out of arbitration by sending a letter to Sony within the first 30 days of booting up the video game consoles. 
• One of the group voluntarily dismissed their claims in early October 2023, while the remaining seven PS5 owners voluntarily dismissed their claims later that month. 

Sony PS5 controller defect class action lawsuit overview: 

• Who: A group of PS5 owners have opted out of arbitration with Sony Interactive after filing a class action lawsuit against the company. 
• Why: PS5 owners claim Sony sold consoles containing controllers with a manufacturing defect.
• Where: The class action lawsuit was filed in California federal court.

(Dec. 30, 2021)

A group of Sony PlayStation 5 owners have opted out of arbitration with Sony Interactive over claims the company sold PS5 controllers containing a manufacturing defect.

Gamers claim the defect in the DualSense Controller leads to “characters or gameplay moving on the screen without user command or manual operation of the joystick.” 

Sony’s PS5 software licensing agreement, which owners must agree to in order to play games on the console, includes an arbitration clause that can keep users from being able to pursue claims in court.

The group of PS5 owners, however, were able to opt out of arbitration by sending a letter to the company within 30 days of first booting up their systems, Video Games Chronicle reports.

Sony aware of defect but failed to rectify issue, plaintiffs say

Plaintiffs L’Marc Turner, Rohit Burani, Enrique Avelar, Christian Perez, Stefan McShane and Michelle McGuckin claim Sony is aware of the “drift defect” due to consumer complaints and its own testing, however failed to rectify the issue. 

Plaintiffs want to represent a nationwide class and multistate subclasses of consumers who purchased a PS5 or a standalone DualSense Controller.

“Sony is — and at all relevant times has been — aware of the Drift Defect through online consumer complaints, complaints made by consumers directly to it, and through its own pre-release testing,” the class action lawsuit states. 

The plaintiffs argue the defect “significantly interferes” with gameplay and is caused by a design flaw in the manufacturing of the console itself. Further, Sony is not making it easy for users to repair the controllers and is also unwilling to reimburse for shipping costs. 

“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 lawsuit states. 

The PS5 owners are accusing Sony of being guilty of unjust enrichment and breach of warranty, as well as in violation of multiple state consumer fraud statutes. 

The plaintiffs are demanding a jury trial and requesting relief in the form of declaratory and injunctive relief, along with compensatory damages on behalf of themselves and all class members. 

Have you purchased a PS5 console with a controller containing a manufacturing defect? Let us know in the comments.

The plaintiffs are represented by Tim Wolfson of Ahdoot & Wolfson PC; Benjamin F. Johns, Samantha E. Holbrook and Alex M. Kashurba of Chimicles Schwartz Kriner & Donaldson-Smith LLP; and Steven L. Wittels, J. Burkett McInturff and Jessica L. Hunter of Wittels McInturff Palikovic. 

The Sony PS5 controller defect class action lawsuit is Turner, et al. v. Sony Interactive Entertainment, Inc., Case No. 4:21-cv-02454, in the U.S. District Court for the Northern District of California.

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