According to a report from IGN the lawsuit – filed by law firm Chimicles Schwartz Kriner & Donaldson-Smith LLP on February 12 in New York on behalf of plaintiff Lmarc Turner – focuses on the DualSense controller’s drift issue, and Sony’s handling of the problem.
The complaint documents, which were obtained by IGN, notes that the DualSense controllers have “a defect that results in characters or gameplay moving on the screen without user command or manual operation of the joystick”, also known as ‘controller drift’.
It also alleges that Sony was reportedly aware of the situation “through online consumer complaints, complaints made by consumers directly to it, and through its own pre-release testing”.
The lawsuit claims that consumers who reached out to Sony when faced with controller issues were met with limited repair options, “long wait times and having to deal with a maze of pre-recorded phone prompts”.
For the class action lawsuit, Turner is reportedly seeking a jury trial, “monetary relief for damages suffered, declaratory relief, and public injunctive relief”. The exact damages sought after remain unclear at this time.
Turner reportedly purchased his PS5 around February 5 2021, and discovered the controller drift issue on the same day of purchase. The documents note that Turner would not have bought the console, or “would have paid substantially less for it” if he had known of the drift defect.
Sony has allegedly only performed “minor refurbishment” to the defected controllers and sent them back to consumers “still defective and susceptible to manifestation of the Drift Defect in the future”.
At the time of writing, Sony has not responded to the lawsuit. NME has reached out for further comment.
The law firm leading the lawsuit, CSK&D, is also currently heading a similar lawsuit against Nintendo for its Joy-Con drift defect for the Nintendo Switch. The lawsuit was first filed in Washington in 2019, but was subject to arbitration.
In January this year, the European Commission outlined the possibility of action against Nintendo for the same case, following over 25,000 complaints filed.