Plaintiff Lmarc Turner filed a lawsuit against Sony Corporation of America, Inc. and Sony Interactive Entertainment LLC (collectively, Sony) for its defective Sony PlayStation 5 (PS5) DualSense Wireless Controllers. The controllers are allegedly unsound because the joysticks can register input despite the user not operating them; this can result in unintended character movement or gameplay actions. The four-count class action complaint claimed that through the sale of the defective product, Sony breached express and implied warranties of merchantability, was unjustly enriched, and violated the Virginia Consumer Protection Act.
According to Turner, the DualSense Controller is made, marketed, and sold by Sony for its latest gaming console, the PS5, which was released last November. Sony has reportedly sold over four million units of the popular console since its launch. According to the complainant, however, the DualSense Controller is defective. The drift defect reportedly interferes with gameplay and compromises the controller’s “core functionality.”
Users who experience this problem have few options, the complaint argues. For example, Turner contends that the controller he purchased on Feb. 5 started displaying drift defect tendencies the same day. A phone call to user support did not rectify the situation, and Sony has offered no other reimbursement to Turner and other gamers who are allegedly not getting the full benefit of what they paid for. Relevantly, the complaint noted that Turner opted out of Section 14 of the PlayStation Terms of Service and User Agreement subjecting individual and class disputes to arbitration.
Turner now seeks to represent a nationwide class of consumers who purchased the PS5 DualSense Wireless Controllers, and/or a class of Virginia residents who did the same. The complainant seeks monetary relief for the damages suffered, declaratory relief, and public injunctive relief.
The plaintiff is represented by Wittels Mcinturff Palikovic and Chimicles Schwartz Kriner & Donaldson-Smith LLP.
