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Law Firm files PS5 DualSense drift class-action against Sony

John Day

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Jan 12, 2018
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All my analogue sticks are perfectly fine. Since PS1. The first time I've ever had this was with the Joycon.
Being honest, same here. Joycons were my first experience with drift, ALTHOUGH i bought an Orange PS4 controller last year with such problems too. I had never heard of it except on the joycons, so it was funny. Almost thought it was some chinese knock off, but it has been a real problem i see.

My original ps4 controllers works fine though.
 
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TLZ

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Really.
You have some good luck then.
I don't know if that's good luck or just better hardware. I still have them all and they all work like they're supposed to. Every single controller with an analogue stick.

Maybe the ones in the latest gen controllers are the worst quality.
 

VAVA Mk2

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shocked ron burgundy GIF
 

IbizaPocholo

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The class-action lawsuit, which was brought against Sony Interactive Entertainment in February 2021, alleges that PS5 DualSense controllers “contain a defect that results in characters or gameplay moving on the screen without user command or manual operation of the joystick”.

Chimicles Schwartz Kriner & Donaldson-Smith (CSK&D) filed its updated complaint with the United States District Court for the Northern District of California after six plaintiffs “exercised their right under Sony’s terms-and-conditions to opt-out of arbitration to pursue their claims in court versus arbitration”.

In the US, the terms of PS5’s software license agreement—which users must agree to in order to play games on the console—include an arbitration clause which, if enforced, means consumers may be unable to pursue claims in a traditional court or on a class-wide basis.

However, PS5 owners can opt-out of resolving disputes through arbitration by sending a letter to Sony within 30 days of first booting up their console.

To help them do so, CSK&D has prepared a template letter for class-action members to fill out, which it is offering to send to Sony on their behalf.

Its amended complaint confirms that six of the class-action’s members have exercised their right to opt-out of arbitration in a bid to ensure the case is settled in a courtroom.

CSK&D previously filed similar class-action drift lawsuits against Nintendo and Xbox, both of which were compelled to arbitration, a situation the firm is hoping to avoid a repeat of with the DualSense lawsuit.

The lawsuit claims that “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.”

It accuses Sony of violating state consumer fraud statutes, breach of warranty, and unjust enrichment. Plaintiffs are seeking “monetary and other appropriate relief for damages suffered, declaratory relief and public injunctive relief”.
 

Zeroing

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Can’t we gamers just group and do a lawsuit to every controller manufacturer? Just choosing one company will not fix things. Drifting happens in all controllers every company should be investing in better solutions.
 

Aenima

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Can’t we gamers just group and do a lawsuit to every controller manufacturer? Just choosing one company will not fix things. Drifting happens in all controllers every company should be investing in better solutions.
Microsoft, Nintendo and Sony has all been sued by the same law firm and by the same issue (Drift) Sony was the last to be sued. Nothing changed.
 

Mr Moose

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The class-action lawsuit, which was brought against Sony Interactive Entertainment in February 2021, alleges that PS5 DualSense controllers “contain a defect that results in characters or gameplay moving on the screen without user command or manual operation of the joystick”.

Chimicles Schwartz Kriner & Donaldson-Smith (CSK&D) filed its updated complaint with the United States District Court for the Northern District of California after six plaintiffs “exercised their right under Sony’s terms-and-conditions to opt-out of arbitration to pursue their claims in court versus arbitration”.

In the US, the terms of PS5’s software license agreement—which users must agree to in order to play games on the console—include an arbitration clause which, if enforced, means consumers may be unable to pursue claims in a traditional court or on a class-wide basis.

However, PS5 owners can opt-out of resolving disputes through arbitration by sending a letter to Sony within 30 days of first booting up their console.

To help them do so, CSK&D has prepared a template letter for class-action members to fill out, which it is offering to send to Sony on their behalf.

Its amended complaint confirms that six of the class-action’s members have exercised their right to opt-out of arbitration in a bid to ensure the case is settled in a courtroom.

CSK&D previously filed similar class-action drift lawsuits against Nintendo and Xbox, both of which were compelled to arbitration, a situation the firm is hoping to avoid a repeat of with the DualSense lawsuit.

The lawsuit claims that “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.”

It accuses Sony of violating state consumer fraud statutes, breach of warranty, and unjust enrichment. Plaintiffs are seeking “monetary and other appropriate relief for damages suffered, declaratory relief and public injunctive relief”.
Ambulance chasers, they'll get their $60 back for the controllers.
 

Zeroing

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Microsoft, Nintendo and Sony has all been sued by the same law firm and by the same issue (Drift) Sony was the last to be sued. Nothing changed.
All of them (Sony, MS and Nintendo) at the same time! With a larger group of gamers! And sending a clear signal this is widespread and needs to be fixed - in the courtroom
 
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cyber69

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Sep 21, 2018
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yeah you have no issues yet... you will , they are built to fail, so don't worry it's already there , it will come , i treat my shit like it my own dick , i take care of it and the one ps4 controller i use the most has a drift issue .
Punctuation.
 

Tomeru

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Aug 20, 2014
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I returned my dual sense 2 days ago. just received my new one.
Yes the dual sense controller is fucked.

after 200 hours the drift was real on my dual sense..
feels good sony is going to get fucked bad in europe because lol 2 years warranty
Fucked? You think they throw controllers with faulty sticks away? They replace what needs to be replaced and resell them. Its a fucking thumbstick, not a burnt cpu.
 

Hoppa

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Dec 15, 2020
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I've never has issues with controllers that come with the consoles, but I bought 3 DS4s and 2 of them had driftting problems within 3 months
 
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Negotiator101

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Jan 24, 2021
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I have this very problem with my PS4 controller, its only 11 months old and it started at about 5 months. It makes playing unbearable, can't believe it's still going on with dualsense.
 

Spukc

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Fucked? You think they throw controllers with faulty sticks away? They replace what needs to be replaced and resell them. Its a fucking thumbstick, not a burnt cpu.
no point if the part keeps breaking amiright
also it will have signs of wear so GL selling that shit
 

Bo_Hazem

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yeah you have no issues yet... you will , they are built to fail, so don't worry it's already there , it will come , i treat my shit like it my own dick , i take care of it and the one ps4 controller i use the most has a drift issue .

Not really, mate. My launch PS4 controller lasted from 2013 until today, and the only one that ever got a drift is the one with the PS4 Pro that fell many times on its face until that cause a minor drift. So user error.

Does this mean the issue doesn't happen? Of course it does, it's natural to have 1% faulty hardware, that's why we have warranties. Personally had plenty of controllers (4 in PS4, not sure why maybe just for colors) and only one got the drift because of being falling on the analongs more that 5 times.

I think some as well do treat their controllers harshly, as my analongs didn't wear off until like 6 years.
 
Aug 31, 2016
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Not really, mate. My launch PS4 controller lasted from 2013 until today, and the only one that ever got a drift is the one with the PS4 Pro that fell many times on its face until that cause a minor drift. So user error.

Does this mean the issue doesn't happen? Of course it does, it's natural to have 1% faulty hardware, that's why we have warranties. Personally had plenty of controllers (4 in PS4, not sure why maybe just for colors) and only one got the drift because of being falling on the analongs more that 5 times.

I think some as well do treat their controllers harshly, as my analongs didn't wear off until like 6 years.
i read somewhere that you can only do so many rotations and clicks with the analog sticks until its starts to drift ..unles the earlier controllers were build differently? my original ps4 controllers dosnt drift but yet i din't use it as much as my red controller , my red controller drifts so i don't use it anymore
 
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Bo_Hazem

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i read somewhere that you can only do so many rotations and clicks with the analog sticks until its starts to drift ..unles the earlier controllers were build differently? my original ps4 controllers dosnt drift but yet i din't use it as much as my red controller , my red controller drifts so i don't use it anymore

Xbox, PS, and Nintendo all using the same exact analogs. Any sued BS should as well be driven towards them as well which will make those law suits fail.

The artificial test can't really be used here about cycles, I'm more than sure I've based more than that with more than 5000 hours of gaming, at least.
 
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kikii

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drift is mostly caused by CoD/BF players who loses or take game too seriously, u can control ur char with analogstick easily w/o pushing that so hard that controller rift apart and come here to whine abt it :p
 
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Bo_Hazem

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drift is mostly caused by CoD/BF players who loses or take game too seriously, u can control ur char with analogstick easily w/o pushing that so hard that controller rift apart and come here to whine abt it :p

I have a pillow next to me to punch in case I'm playing a very hard game. MP? I don't feel the rage because I'm usually on top, but dying 20+ times in a row against in GOW drives you nuts (GMGOW difficulty)!
 
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RAL1992

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I've had two dualsenses now (one launch/one purchased in march) and both have had spring issues (1 R2 /1 L2), repaired them both myself, due to the long sony repair time and the L2 was a nightmare, never had an issue with xbox controllers, wish I could use them on the PS5 if anything.
 

Yoboman

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If there was a design that doesn’t have this flaw I’m sure they would all use it?

Seems like right now the two options are release controllers with a design flaw or leave out analog sticks which isn’t an option
 
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Yoboman

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Not really, mate. My launch PS4 controller lasted from 2013 until today, and the only one that ever got a drift is the one with the PS4 Pro that fell many times on its face until that cause a minor drift. So user error.

Does this mean the issue doesn't happen? Of course it does, it's natural to have 1% faulty hardware, that's why we have warranties. Personally had plenty of controllers (4 in PS4, not sure why maybe just for colors) and only one got the drift because of being falling on the analongs more that 5 times.

I think some as well do treat their controllers harshly, as my analongs didn't wear off until like 6 years.
2 of my 3 DualShock 4s got drift, the last one I bought seemed like it held up really well

I got my first Dualsense replaced after it started drifting. Luckily the consumer protection and warranties in Australia are quite good so the retailer has to replace it
 
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Bo_Hazem

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2 of my 3 DualShock 4s got drift, the last one I bought seemed like it held up really well

I got my first Dualsense replaced after it started drifting. Luckily the consumer protection and warranties in Australia are quite good so the retailer has to replace it

I think the habit of clinking the analogs instead of relaxing your thumbs on them all the time might do some damage when constantly hitting it. Also it's painful to watch someone playing so.

Could be luck as well.
 
Oct 26, 2018
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You always hear about people getting bad game pads.

I've had NES, Genesis, SNES, PS1, PS2, 360, XB One, One X, Series X, and how every many keyboards, wired and wireless mouse over the years (including kb/m from work). Hell, you can also add in car keyfobs, access cards at work and TV remotes.

Never had an issue with anything. I can understand someone having some bad luck getting a bad gadget. But when I hear someone say they got a ton of bad game pads and every year they seem to get bad luck with another bad one, I have my doubts.
 
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Clear

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Just squirt some WD40 into the stick wells periodically. Most of the time these issues are caused by dust and crap colecting on the contacts.
 

Skifi28

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Just squirt some WD40 into the stick wells periodically. Most of the time these issues are caused by dust and crap colecting on the contacts.
It's true that many drift issues are caused by dirt and can be fixed rather easily with opening the controller up and giving the inside of the sticks a thorough cleaning. Unfortunately, many other cases are simply the potentiometers or the track they run on being fucked and there's nothing you can do other than soldering a new stick or replacing the controller. There's something to be said about all these expensive controllers using the same 60 cents alps parts that are prone to failure after a few hundred hours. Even the premium elite controller from MS uses the exact same part, just why? There are much better solutions out there.
 
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