Last week, Chimicles Schwartz Kriner & Donaldson-Smith (CSK&D) caught wind of players complaining about the DualSense’s stick drift problem, being reportedly exasperated by long wait times for repairs, and Sony requiring them to pay to ship the defective controller. The law firm posted a questionnaire on its website to gauge interest in taking legal action, and it looks like the response was good enough for its lawyers to formally file a lawsuit.
As reported by Eurogamer, the class action was filed on Friday, 12th February in the United States District Court for the Southern District of New York on behalf of plaintiff Lmarc Turner, and other affected customers. Sony Corporation of America and Sony Interactive Entertainment have been named as defendants.
Part of the complaint reads:
Specifically, the DualSense controllers that are used to operate the PS5 contain a defect that results in characters or gameplay moving on the screen without user command or manual operation of the joystick. This defect significantly interferes with gameplay and thus compromises the DualSense controller’s core functionality.
Had Plaintiff been aware of the drift defect prior to purchasing his PS5, he otherwise would not have purchased the PS5, or would have paid substantially less for it.
The filing cited multiple online reports and video clips showcasing the stick drift. According to Eurogamer, the following tweet was also included as evidence:
— Nalverus (@Nalverus) February 5, 2021
Sony has yet to respond.