Group Of Plaintiffs Take Sony To Court Instead Of Going Into Arbitration
Plaintiffs in the Sony PS5 Drift Class Action Lawsuit are pressing forward with their legal case in court against Sony after they decided to opt-out of arbitration.
L’Marc Turner, et al. v. Sony Interactive Entertainment, Inc.
The complainants, consisting of L’Marc Turner, Michelle McGuckin, Rohit Burani, Stefan McShane, Enrique Avelar, and Christian Perez, argue that they are well within the 30-day period prescribed by Sony Interactive Entertainment, Inc. in the software licensing agreement it presents to its customers to launch a class action instead of going through arbitration.
Tucked within Sony’s software licensing agreement that it requires its patrons to agree with before being allowed to use their products is a clause that mandates complainants to send a letter to the company within 30 days of unboxing for their right to sue to be preserved.
The Faulty PlayStation 5
According to the Sony PS5 Drift Class Action Lawsuit, the entertainment company’s Play Station 5 (PS5) controllers suffer from a ‘drift defect.’ It is said that the faulty controller negatively impacts the player’s ability to perform smooth gameplay.
Further, it is speculated that the defect is due to a manufacturing error of the PS5 consoles themselves.
Turner and the others contend that Sony is well aware of the ‘drift defect’ through online customer complaints, internal product pre-release testing, and the like. Also, it is believed that the company is giving clients like Turner and the rest a hard time repairing the faulty PS5 controllers and refunding return shipping expenses to customers.
The plaintiffs are arguing that defendant Sony Interactive Entertainment, Inc. is guilty of the following charges: violating different state-level consumer fraud laws, breach of warranty, and unjust enrichment.
The Sony PS5 Drift Class Action Lawsuit is looking to form and represent a Class consisting of Sony PS5 gaming console or standalone DualSense Controller gaming console product owners around the country. Subclasses consisting of Sony customers hailing from different states are also included in the petition.
Consider The Consumer will continue to cover this case and bring you the latest updates as soon as they are released.
Editor’s Note on Sony PS5 Drift Class Action Lawsuit:
This feature aims to inform you of the latest development surrounding Sony and its customers’ legal tussle about the PS5’s Drifting Fault. A similar lawsuit was also filed against Sony’s A7 III Camera.
Case Name(s) & No.(s): L’Marc Turner, et al. v. Sony Interactive Entertainment, Inc.; Case No.: 4:21-cv-02454-DMR
Jurisdiction: United States (U.S.) District Court for the Northern District of California Oakland Division
Allegation(s): Sony’s PS5 console controller is riddled with drifting defects that negatively affect its users.
What are your thoughts on this piece? Please send us a message by clicking the ‘Contact Us’ button below! We’d love to hear back from you.