The new-generation PlayStation controller (that can be even called revolutionary due to its features) didn’t skip the drifting issue.

A law firm called Chimicles Schwartz Kriner & Donaldson-Smith (we will shorten its name to CSK&D onwards) filed a lawsuit in February over the DualSense‘s drifting issue in the United States, because the controller that can be used with the PlayStation 5 „contain[s] a defect that results in characters or gameplay moving on the screen without user command or manual operation of the joystick.” This is why it requests a jury trial.

The complaint has been updated with the United States District Court for the Northern District of California after six plaintiffs „exercised their right under Sony‘s terms-and-conditions to opt-out of arbitration to pursue their claims in court versus arbitration.” The terms of service for the PlayStation 5 in the United States must be agreed to play games on the console, and it features an arbitration clause, which means consumers may be unable to pursue claims in a regular court or on a class-wide basis.

The users can opt-out of it, though. If they send a letter to Sony within thirty days of turning the console on, they can opt out of resolving disputes through arbitration. This led CSK&D to make a template letter, offering the class-action members to send them to Sony on behalf of them. And it turns out that six members have exercised their right to have the case settled in court. According to the lawsuit, „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 pre-release testing.”

CSK&D has previously been responsible for a similar lawsuit over the Nintendo Switch’ Joy-Cons, which led to the big N offer free repairs. However, here, Sony won’t be able to solve the case outside the court!

Source: PSU