PlayStation 5: DualSense Controller Drift Class-Action Lawsuit Filed Against Sony

Following reports last week that law firm Chimicles Schwartz Kriner & Donaldson-Smith LLP was investigating a potential class-action lawsuit against Sony over the PlayStation 5 DualSense controller’s drift issues, it would appear that the law firm has gone ahead and actually filed the lawsuit. Reportedly, it was filed last Friday, February 12th, in the US District Court for the Southern District of New York on behalf of plaintiff Lmarc Turner and “all others similarly situated.”

According to GamesIndustry.biz, which was provided with a copy of the class-action lawsuit, the filing argues that the DualSense controller itself is defective as it suffers from what is commonly known as controller drift where the controller can register input from the analog sticks even when a player is not actually using them. This sort of problem seems to be increasingly prevalent, and Sony is not alone in getting hit with lawsuits over controller drift. Nintendo, for example, has been the target of several at this point over Joy-Con drift on the Nintendo Switch.

“As a result of Sony’s unfair, deceptive, and/or fraudulent business practices, owners of DualSense Controllers, including Plaintiff, have suffered an ascertainable loss, injury in fact, and otherwise have been harmed by Sony’s conduct,” the lawsuit reportedly reads in part. “Accordingly, Plaintiff brings this action to redress Sony’s violations of state consumer fraud statutes, breach of warranty, and unjust enrichment. Plaintiff seeks monetary relief for damages suffered, declaratory relief, and public injunctive relief.”

At this point, it is unclear what sort of outcome this lawsuit might have or whether it will ultimately be forced into arbitration like the recent one against Xbox over its own controllers. The PlayStation 5 itself is now available with the version containing a disc drive running $499 while the all-digital console costs $399 — if you can find either of them in stock. You can check out all of our previous coverage of the PlayStation 5 right here.

Have you been able to pick up a PlayStation 5 as of yet? If so, have you had any trouble with the DualSense controller drifting? Let us know in the comments, or feel free to reach out and hit me up directly over on Twitter at @rollinbishop to talk about all things gaming!