Xbox One Class Action Alleges Controller Defect

A class action lawsuit has been filed against Microsoft by a consumer who claims the wireless Microsoft-brand Xbox One controllers are defective.

Plaintiff Donald McFadden says that the potentiometer within the controller contains a design flaw where the joystick registers “phantom input” or “stick drift,” which thwarts accurate gameplay.

The Xbox controller class action lawsuitstates that Microsoft markets and manufactures these controllers as superior devices without disclosing that there is a joystick defect that interferes with proper game functioning.

He says that gamers who purchased these controllers paid more than what the product was worth and more than they would pay if they were without defects.

McFadden lives in New York and claims to be an avid gamer, owning multiple Microsoft gaming products, including special edition versions of the standard controller, as well as the Elite controller.

The plaintiff says that after learning about the Elite controller, he purchased one at a GameStop. He claims that he has always been careful with the Elite controller, placing it back on the charger when he was finished with it, and once a week wiping it with a cloth after playing to remove his fingerprints from the matte finish.

McFadden claims that he started to notice that the joystick on the controller started to drift, causing movement without his input. He says that the interference was so great that he purchased another Elite controller for a cost of $160.

The second controller started having the same problems as the first one, he states, and he spent a considerable amount of time attempting to fix the defect on his own. He says that this was unsuccessful and even ordered a repair kit off of Amazon to help him manually fix his first controller.

McFadden maintains that he would not have purchased the Elite controllers if he had known about the defect. Instead, he states that he would have purchased a less expensive controller that would have allowed him to play his games without the defects impeding his ability to enjoy his games.

He alleges if Microsoft would fix the defects in the Elite controllers, he would purchase another one.

The Xbox class action lawsuit asserts that the defendant has been made aware of the defect via online consumer complaints beginning as early as 2014.

In addition, the plaintiff states that Microsoft has also been aware of the defect due to its own records of complaints and warranty requests.

Even though Microsoft allegedly had knowledge of the defects within the controllers, the Xbox class action lawsuit complains that the defendant refuses to repair the controllers without charge. McFadden states that the warranty on the controllers is just 90 days.

“As a result of Defendant’s unfair, deceptive, and/or fraudulent business practices, owners of wireless, Microsoft-brand Xbox One controllers, including Plaintiff, have suffered an ascertainable loss,” the Microsoft Xbox class action lawsuit proclaims.

McFadden says that as a result of the defendant’s deceptive conduct, the plaintiff and putative Class Members have paid more for the Xbox controllers than what they are worth and more than what they would have had Microsoft disclosed the defect.

The plaintiff states that a simple Google search about the stick drift defect reveals multiple forum and message board posts from consumers complaining about the defect. In addition, McFadden mentions numerous YouTube videos of users who attempted to fix the defect on their own.

Gamers have also posted numerous complaints about the defect in Microsoft’s own forums, which indicate that the defendant has been aware of the stick drift for many years, the Xbox class action lawsuit maintains.

Common questions of law and fact in this class action lawsuit include: 1) whether the Xbox controllers are defective; 2) whether the defect is material to a reasonable consumer; 3) whether the defendant had knowledge of the defect; and 4) whether the defendant has violated consumer protection statutes.

“Defendant engaged in materially misleading acts and practices by marketing and representing their wireless Xbox controllers were functional, superior products that enhanced gameplay while failing to disclose a significant defect causes stick drift,” the Xbox class action lawsuit goes on to say.

McFadden states that video gamers are concerned about the functionality of their controllers as video games cannot be played without them. The defendant’s failure to disclose the defect within the controllers caused substantial injury to consumers.

“To market and price a controller as a superior, platform-enhancing product while concealing the joystick contains a defect that interferes with gameplay is unethical and unscrupulous,” says the Xbox class action lawsuit.

Prospective Class Members include: “All persons in the United States who bought any model of a wireless, Microsoft brand, Xbox One controller.”

Do you own an Xbox controller that is defective? Leave a message in the comments section below.

The plaintiff is represented by Cynthia Heidelberg of Breskin Johnson & Townsend PLLC and Nicholas A. Migliaccio and Jason S. Rathod of Migliaccio & Rathod LLP.

The Xbox Controller Defect Class Action Lawsuit is Donald McFadden v. Microsoft Corp., Case No. 2:20-cv-00640, in the U.S. District Court for the Western District of Washington.

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