Defective PS5 Controllers - Class Action?

Marc2629

Hello,

I've had a bad experience with Sony Customer support regarding what I believe to be an inherent design flaw with the original PS5 dual sense controller.My controller L2 spring snapped out of warranty and Sony refused even to conduct a paid for repair.

I believe this to be an inherent design flaw as Sony released a new model whereby they increased the thickness of the trigger springs, which goes someway to admitting a flaw with the original. Not to mention widespread coverage of the problem on social media & in the press. 

What can we do as collective consumers to take action against Sony for what is obviously a design flaw with the original model? Does the UK have class action?

Aylesbury_Duck

Why the need for a class action?  What would you hope to achieve?  Just exercise your own consumer rights.

DullGreyGuy

Marc2629 said:

What can we do as collective consumers to take action against Sony for what is obviously a design flaw with the original model? Does the UK have class action?

No, the UK doesnt have class action lawsuits. The closest we have is Group Litigation Orders but there are notable differences.

Class Action = everyone is included automatically unless they opt out. It can be exceptionally broad like "anyone who's paid credit card fees". Lawyers have to followup with a court approved campaign to find all those that were unaware that they'd been included in the litigation and distribute any awards to them

GLO = everyone has to actively agree to be part of the action and be named in it. The award given will be for those named participants and no consideration to others that may be impacted but were unaware of the case.

Marc2629

Aylesbury_Duck said:

Why the need for a class action?  What would you hope to achieve?  Just exercise your own consumer rights.

I have been trying, they’ve tried palming me off to John Lewis which is ok as they were retailer but John Lewis want a repair shop report now to show fault. 

It seems unfair to me for what is so obviously a design flaw which has been acknowledged by them releasing a new model controller which addressed the issue. 

At the end of the day they can just refuse to help knowing full well I’m hardly going to take legal action individually for something so minor. 

I think what I’m trying to get at is how can Sony be forced to recognise this officially as an issue? 

Alderbank

Your argument is that because Sony as part of their continuous development now fit different trigger springs, that previous controllers must have had an inherent design flaw?

It's a very weak argument. It's equally likely that they have found another manufacturer who can make them cheaper.

 A pack of 5 L2 springs is £2.50 on eBay. £0.14p from AliExpress. Lots of YouTube videos showing you how to fit them.

screech_78

Marc2629 said:

Aylesbury_Duck said:

Why the need for a class action?  What would you hope to achieve?  Just exercise your own consumer rights.

I have been trying, they’ve tried palming me off to John Lewis which is ok as they were retailer but John Lewis want a repair shop report now to show fault. 

It seems unfair to me for what is so obviously a design flaw which has been acknowledged by them releasing a new model controller which addressed the issue. 

At the end of the day they can just refuse to help knowing full well I’m hardly going to take legal action individually for something so minor. 

I think what I’m trying to get at is how can Sony be forced to recognise this officially as an issue? 

They can’t. You have no contract with Sony. We’ve had the PS5 since launch in Nov 2020 along with 2 controllers and have had no issues with them. Haven’t heard of anyone else I know having this issue either so doubt it’s widespread.

Your consumer rights are with JL and they’re correct that you’ll need an independent report stating it’s an inherent fault before they can offer a remedy. 

Marc2629

I haven't heard of any of my friends having the issue either, however to assume that it is therefore not widespread is a little shortsighted. Although if I weren't also a member of several playstation groups online I might have thought the same. 

https://www.google.com/search?q=dualsense+trigger+loose+site:www.reddit.com&biw=1280&bih=649&sa=X&ved=2ahUKEwiU__DwoeTtAhVZH7kGHZ1RAy8QrQIoBHoECAMQBQ#ip=1

https://www.pocket-lint.com/games/news/playstation/160312-sony-dualsense-controllers-upgrade-springs-parts/ 

Many other press articles available via search

I don’t find the idea its “equally likely” they changed the spring diameter because its cheaper remotely credible in light of the well documented problem with the original model. Not to mention the fact that the increase in diameter would actually add material cost. More likely is that they changed it to avoid failures during warranty period causing excessive warranty costs for them. 

Also don't buy the argument its a service item, I’ve got controllers 10 years old and the triggers are still going strong. 

PHK

It is of course you're right to ignore the advice given here. 

I'm afraid Google searches are not a reliable source when it comes to consumer rights. (I could provide you with ample evidence from Google that it's all a massive conspiracy. Obviously nonsense)

As you've posted in consumer rights, its worth restating that your consumer rights are:

Your contract is with John Lewis.
Due to the time since purchase you'll need an independent report showing your particular  controller is inherently faulty.
If you get one then John Lewis should repair or replace the controller and will probably refund the report fee (although they are not obliged too) 

the_lunatic_is_in_my_head

PHK said:

If you get one then John Lewis should repair or replace the controller and will probably refund the report fee (although they are not obliged too) 

My understanding is the cost of the "report" would be damages which the consumer is entitled to seek along side exercising their consumer rights. 

OP as you are outside 6 months it's no longer taken the goods did not confirm so burden of proof falls upon yourself.

You'd be looking to show the goods were not of satisfactory quality due to a lack of durability via an independent inspection. That lack of durability would have always been present and is the issue rather than it's visible manifestation. 

If it is possible to purchase the replacement spring and fit yourself this is probably the easiest solution, you'd likely be justified to expect a better build quality from Sony on a PS product but they are very unlikely to admin any fault