Microsoft has seen several issues and rumors pop up about its controllers over the last year. Most recently, the company had to knock down rumors that it forged a deal with Duracell. The allegations claimed the partnership between the two companies was why Xbox controllers still come packed with batteries rather than a charging pack like the PlayStation 5 uses. However, while the claim about a battery partnership was apparently an incorrect rumor, a group of plaintiffs believes controller drift is serious enough to warrant a court case.
The lawsuit against Microsoft regarding issues allegedly found in its Xbox controllers got another wrinkle earlier this month. Plaintiffs in the case responded to a motion by the company asking the judge to dismiss the suit involving liability for Xbox controller drift entirely.
The lawsuit regarding faulty Xbox controllers was first filed in April of 2019. The effect of drifting in video game controllers sees movement on-screen impaired because the input on the joysticks is corroded over time due to wear. The plaintiffs alleged in their suit last year that a design flaw Microsoft knew about and neglected to disclose to customers, compounds the issue. In November, the company filed a motion with the Washington State court to “compel arbitration.” Should the judge eventually grant the motion, what is essentially a class action suit that combines many plaintiffs into one case, would be divided and each individual complaint would be resolved outside of the courtroom by an arbitrator.
However, on January 8, the plaintiffs filed a response. They argued that Microsoft’s allegations that its Services Agreement when it comes to its Xbox controllers and other equipment is flawed. The company claims that the services agreement requires customers to settle any disputes like this through arbitration. However, those filing suit claim the users who were affected by and entered into the agreements were mostly minors, rendering contracts such as this null and void. The plaintiffs also argue that these teen users were “forced” to accept the services agreement in order to continue using Microsoft’s online services. They also argued in the filing that Microsoft’s agreements don’t spell out the equipment in question.
“Xbox hardware accessories like controllers, are not mentioned in the agreement,” the plaintiff’s filing read. “Because this dispute involves a defect in the controllers rather than claims relating to the live services covered under the click-through agreement, that agreement does not apply in any event.” Further, they alleged that the only applicable agreement users enter into when it comes to the controllers is in the packaging of those accessories. In that packaging, the plaintiffs claim there isn’t enough notice or warning. Therefore, the plaintiffs claim that what is included in the controller agreement isn’t sufficient to require arbitration.
It’s not yet known how the judge will rule in this particular case, but there is potential precedent when it comes to controller drifting lawsuits. Last year, a federal judge granted arbitration in a lawsuit regarding Nintendo controller drift. Microsoft pointed to that case in filings regarding its own Xbox controller problems.
Source: Video Games Chronicle
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