Six plaintiffs “opt-out of arbitration to pursue their claims in court”…
www.videogameschronicle.com
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”.