The first lawsuit for the faulty DualSense -apkrig is headed for Sony
Over the past week, we’ve briefed you on a growing number of complaints about the PlayStation 5’s DualSense controller’s analog sticks working. movements adversely affecting the game itself. Due to these problems, several lawsuits have been filed against customers by Nintendo and Sony will not be able to avoid them either. The law firm Chimicles Schwartz Kriner & Donaldson-Smith (CSK & D) has filed a lawsuit on behalf of the aggrieved player Lmarco Turner in the New York District Court, rejecting arbitration in advance, typically out-of-court settlements.
The lawsuit was filed on 12 February, informing Eurogamer, who allegedly had the opportunity to inspect the document. The plaintiff identifies DualSense as malfunctioning and mentions that the driver uses exactly the same analog lever storage as DualShock 4, which exhibits the same problems. “This defect significantly enters the gameplay and degrades one of the main functions of the controller,” the lawsuit said. However, these are not just problems on the hardware side – Lmarc Turner also describes the lengthy complaint process, especially how to get communication with a customer line employee. “Customers face a maze of pre-recorded phone instructions before finally calling someone who handles DualSens repairs,” says Turner, adding that the driver had to be sent for repair at his own expense.
What’s even more astonishing, Turner came across a problem with driftováním on the day he brought the console home, and the only advice he received from the customer line at the time was to reset the console. But that didn’t help, and given the aforementioned complaint process, he had no choice but to buy a new driver for another $ 70. This was also one of the reasons why he finally decided to sue and contact the above-mentioned law firm, which had previously sued Nintendo. An important step in the upcoming dispute is the fact that Turner wrote to Sony to express his disagreement with the resolution of this dispute through individual arbitration. As mentioned above, it would be an out-of-court settlement, which protects companies from setting precedents, which is the exact opposite of what CSK & D wants to achieve, but the question is whether it will succeed.
At this point, the law firm does not want to repeat its previous mistakes that led to arbitration in the dispute with Nintendo and, together with the plaintiff Turner, wants to take the dispute to Sony, where the plaintiff will seek financial compensation. At stake, of course, is the precedent that could be followed by subsequent litigation, which is, of course, something Sony (as well as any other company in similar cases) wants to avoid at all costs.
