Chimicles Schwartz Kriner & Donaldson-Smith (CSK&D), the law firm behind the PS5 DualSense drift lawsuit, has stepped up its efforts in a bit to have the case settled in court as opposed to through arbitration.
Filed back in February 2021, the class-action lawsuit claims that Sony‘s new controllers “contain a defect that results in characters or gameplay moving on the screen without user command or manual operation of the joystick”.
The PS5 software license agreement in North America features an arbitration clause, which means that consumers may be unable to pursue claims in a regular court or on a class-wide basis if it’s enforced.
Despite this, PS5 owners are able to opt-out of resolving disputes through arbitration by sending a letter to Sony within 30 days of powering on their console. Now, CSK&D is eager to help this cause out by preparing a template letter for class-action members to fill out, as well as offering to send the letter to Sony.
Speaking to IGN, CSK&D partner Benjamin F. Johns commented:
The only comment I can offer on this issue is that this procedure has been used successfully in other contexts which we think are analogous here.
The lawsuit itself causes Sony of “unfair, deceptive, and/or fraudulent” business practices resulting in unjust enrichment.
[Source – VGC]