In an update to the case surrounding Xbox controller drift, Microsoft requests that the courts throw out this lawsuit. While this may come as a surprise, it turns out that Microsoft has a fairly strong argument supporting its claim.
Controller drift is a frustrating issue that plagues devices from various hardware developers. It involves directional input sticking, resulting in unintentional movement. This problem can be extremely noticeable because it leads to all kinds of game mistakes, from competitive multiplayer to shiny hunting in Pokemon for those using the Nintendo Switch.
When it comes to the Xbox lawsuit, the original case suggests that the cause of controller drift relates to an inherent design flaw that is inevitable due to wear. Since Microsoft fails to make the issue known to customers, a class-action lawsuit formed. Filed back in April 2019, the lawsuit also claims that the issue affects a large group of Xbox owners and controller models. In October, an amended version of the case against Xbox was put forth requesting a trial by jury to manage the allegations.
However, Microsoft has now implored the Washington Court to compel arbitration. It maintains that this demand is in accordance with its Services Agreement, something each plaintiff complies with when buying an Xbox controller. Microsoft claims that plaintiffs agreed to settle issues like this outside of court and on an individual basis before the American Arbitration Association. The tech company also cites The Federal Arbitration Act as a way to enforce this move. This essentially means that an outside adjudicator settles each individual case of controller drift.
It is no surprise that consumers are encouraging action against Xbox controller drift. Even Nintendo, a company usually known for reliable hardware, has faced judicial resistance due to the infamous Joy-Con drifting problems. While controller drift may seem inconsequential, the problem relates to how the developers know and do little to prevent it. Yet, they still sell these controllers, which range from $25 to $160, without any warning for consumers.
That said, from these new developments it does seem like the overall class-action suit is going to fail. With the Joy-Con case going to arbitration, plaintiffs should have expected Microsoft to have a similar legal defense. While controller drift is an unfortunate occurrence, there are ways to combat it without purchasing a brand new device. Microsoft offers warranties for controllers, in addition to third-party sellers like GameStop providing low-cost replacement programs. In any case, plaintiffs serious about getting compensation for Xbox controller drift can take action individually outside of court.
Source: VGC
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