Chimicles Schwartz Kriner & Donaldson-Smith, the law company behind the PS5 DualSense drift lawsuit filed back in February 2021, has amended its complaint to request for a jury trial.
According to the class-action lawsuit, the controller for Sony’s next-generation console “contain a defect that results in characters or gameplay moving on the screen without user command or manual operation of the joystick.”
Now, Chimicles Schwartz Kriner & Donaldson-Smith (CSK&D) has updated its complaint with the United States District Court for the Northern District of California, following 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 the PS5 software license agreement in the US, which must be agreed in order to actually play games on the system, features an arbitration clause, which means consumers may be unable to pursue claims in a regular court or on a class-wide basis.
However, it is possible for PS5 owners to opt-out of resolving disputes through arbitration by sending Sony a letter within 30 days of first powering on the console. As a result, CSK&D came up with a template letter to fill out, which is offering to send to Sony on the behalf of class-action members.
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The newly-amended complaint reveals that six of the class-action’s members have exercise their right to opt-out of arbitration in a bid to have the case settled in court.
The lawsuit reads, “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 own pre-release testing.”
Previously, a similar lawsuit was filed against Microsoft and Nintendo for drifting issues on their respective console’s controllers.
[Source – VGC]