US-based lawsuit firm Chimicles Schwartz Kriner & Donaldson-Smith is now sending out a pre-made template for a letter to plaintiffs to opt-out of PS5’s DualSense arbitration clause. To ensure that arbitration outside courtrooms are avoided, the lawsuit firm has opted to send these letter templates.
CSK&DS had filed a lawsuit in early February this year after an alleged “drift” many customers reported the issue on various social media platforms. Many users reported that the latest DualSense controller would register movements while not being used by them. After an investigation, the lawsuit firm filed a class-action lawsuit against Sony.
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Previously, CSK&DS had filed a similar lawsuit against Nintendo for drift issues in the flagship handheld — Nintendo Switch. Since the arbitration, Nintendo is offering free repairs and full refunds to anyone facing drift issues.
While the “drift” issue is a technical flaw, the lawsuit firms claim that the PS5’s license user agreement contains an arbitration clause that prevents consumers from filing lawsuit cases in traditional courts, or on a class-wide basis. The users can only opt-out of resolving disputes through arbitration by drafting a letter to Sony within the first 30 days of accepting the User Agreements. Since cases like these can take months to resolve, many customers might not remain eligible for any payouts or refunds.
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