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Class action lawsuit over Xbox controller drift issues to go to arbitration

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Class action lawsuit over Xbox controller drift issues to go to arbitration

The class-action lawsuit against ”Xbox Drift” will not go through the ordinary court process, and will eventually go to arbitration.

The gaming community stands up against drift problems in console controllers. It already happened with the drifting problems of PS4 and PS5 controllers, as well as the famous ”Joy-Con Drift” of Nintendo Switch, and now it is the turn of Xbox. However, in this case, it will not be subject to ordinary court proceedings.

Last January we told you that Microsoft had filed for arbitration against the class-action lawsuit by the law firm CSK & D, and it seems that this will finally be the case. Unlike what happened with the lawsuit against Nintendo or Sony, this time everything will be settled out of court.

It all started when a group of users affected by problems with Xbox joystick controllers decided to contact the law firm, in the face of what they considered ”a serious flaw that detracts from the consumer experience”. A few weeks ago, the case was brought before a US judicial body, although Microsoft claimed that a class action lawsuit was not possible…and here’s why.

It seems that every Xbox One and Xbox X Series X|S user agrees to a set of legal terms when using an official Xbox controller, and these terms are against the possibility of a class-action lawsuit. The judge has upheld this and the case will be settled out of court.

”In a general sense, the theory of these cases is that if the drift defect had been disclosed, no reasonable consumer would have bought them in the first place,” explains Benjamin Johns, an attorney at CSK & D.

According to the GamesIndustry website, a consumer group claims that a number of Xbox controllers have been affected by the bug. I’m sure you’ve heard of it, but the drifting problems consist of the joysticks deteriorating to the point where they no longer work properly (the character moves on its own, there are random shifts…).

On the other hand, law firm CSK & D says that affected users will be compensated, but that ”going to arbitration is probably the end of the road” for the final resolution of the lawsuit. It appears that the root cause of the ”Xbox Drift” problem is the joystick potentiometer on these controllers, as with PlayStation’s DualSense and DualShock 4.

This is not the first time this has happened, and other class-action lawsuits have been filed against Sony and Nintendo in the past.

I enjoy playing games, and gaming is a passion of mine. Among my favorite games are Tears of the Kingdom, GTA, and Cyberpunk.

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