PlayStation 5 ‘Drifting’ Controller Class Action Lawsuit Takes Aim at Sony

UPDATE:

• According to a report on March 1, 2021, Class Members must submit a letter to Sony to opt-out of arbitration within 30 days of using product to remain in the class action lawsuit

PlayStation 5 gamers have made their move against a widely known controller defect with a new class action lawsuit. 

The gaming console has only been on the market for about four months, but its manufacturer is already facing allegations that it knowingly sells systems with defective controllers that “drift” in-game without prompting.

Top Class Actions has been tracking this issue and published a preliminary investigation into the drifting controllers just last week. 

Virginia resident Lmarc Turner has since filed a complaint against the PlayStation 5’s (PS5) manufacturer, Sony Corporation of America. 

He claims his PS5 controller wasn’t even working right the day he bought it, saying that it immediately began to drift. He also cites several examples from other PS5 owners who reported similar issues.

These gamers “tried every possible fix—power-cycling the console, turning Bluetooth on and off, resetting the controller, and charging it fully overnight—to no avail,” Turner said, citing a Kotaku article that describes the PS5 controller defect.  

Turner alleges PlayStation 5’s DualSense controllers move characters in the game without player input and Sony is and has been aware of the defect, but continues to sell them. 

“Sony has been on notice of the existence of the drifting phenomenon for years,” Turner said, pointing to similar issues with its predecessor, the DualShock 4 controllers for the PlayStation 4. 

Turner cites advocacy group investigations in France, Belgium and Switzerland over the drifting controllers as evidence that Sony is well aware of the issue. 

Not only does Sony fail to disclose the PS5 controller drifting defect, according to Turner, the company also makes it impossible to get it fixed or replaced. 

Turner alleges PS5 owners are sent through an “infinite loop” of ineffective customer service that never resolves the problem. 

Sony has set up a page on the PlayStation website dedicated to issues with consoles, but Turner says the portal is so backlogged it redirects customers to the contact page for support. 

Once a customer with a defective PS5 controller does get in touch, they are directed to pay for the shipping on the devices, Turner said in the class action lawsuit. These DualSense controllers are the only controllers that are fully compatible with the PS5 console, Turner added. 

Defective controllers isn’t limited to just Sony’s PS5. The so-called “drift defect” has been well known among members of the gaming community, Turner said. 

The drift defect was allegedly found on Xbox console controllers as well as Nintendo’s Switch, sparking a class action lawsuit in Canada that makes similar allegations as Turner. 

“The Drift phenomenon is something that gamers are all too familiar with,” Turner said.

Formally the complaint accuses Sony of breaching warranties, unjust enrichment, and violating the Virginia Consumer Protection Act. 

Turner is seeking injunctive and equitable relief, along with damages, and wants Sony to be disgorged from PS5 DualSense controller profits. 

Class Members Must Opt-Out of Arbitration

Turner is seeking to represent a nationwide class of plaintiffs in his class action lawsuit, as well as a subclass in Virginia; however, consumers with the allegedly defective PS5 controllers may need to take extra action to ensure they can take part in this class action lawsuit, according to Video Games Chronicle.

Sony reportedly has an arbitration clause in its Software Product License. Those terms would require any disputes over the PS5, including the alleged drift defect, to go to an outside arbitrator, removing consumers’ rights to make their claims as a class action lawsuit. However, consumers who purchased a Sony PS5 controller have 30 days after they first boot up their systems to send a letter to the company telling them they want out of the arbitration clause.

The letter needs to include the customer’s full name and address, as well as their PSN ID and serial numbers. The letter must be sent within 30 days of starting the gaming system if customers want to take part in this class action lawsuit, reports Video Games Chronicle.

We’ll continue to update this story with its latest developments. Click on the “Follow Article” button at the top of this page to get the latest updates on the Sony PS5 controller defect class action lawsuit by using your free Top Class Actions account.

Do you or your family own a PS5? Have you experienced the drifting issue with your console’s controller? Tell us your experience in the comments below. 

Counsel representing the plaintiffs in this class action lawsuit are Steven L. Wittels and J. Burkett McInturff of Wittels McInturff Palikovic. 

The Sony PS5 Controller Drift Defect Class Action Lawsuit is Turner, et al. v. Sony Corporation of America, et al., Case No. 1:21-cv-01299, in the U.S. District Court for the Southern District of New York.

Read About More Class Action Lawsuits & Class Action Settlements:

• PS5 DualSense Drift Under Investigation for Potential Class Action Lawsuit
• Cyberpunk 2077 Game Sales Paused, PlayStation Offers Refunds
• Nintendo Switch Lite Added To ‘Drift’ Defect Class Action
• Nintendo Switch Controller Drift Claims To Be Arbitrated