Microsoft requests Xbox drift lawsuit to be handled by arbitration

Microsoft has requested that a class action lawsuit over Xbox controller drift to be taken out of court and handled by arbitration (via VGC).

The lawsuit was filed in April last year, on behalf of Xbox users who allege that Microsoft failed to disclose “drifting” issues with their Xbox One controllers (including the high-end Elite controllers), which caused controller inputs to be registered incorrectly.

The lawsuit claims that these issues are caused by a flaw in the controllers that Microsoft is aware of and has failed to disclose to customers.

In October 2020, the lawsuit was amended to add seven more plaintiffs, and to demand a jury trial to address the allegations.

In response, Microsoft has asked the Washington Court to take the case out of court and compel arbitration, which would see individual disputes resolved by an impartial adjudicator. The company claims that this is in accordance with the Services Agreement, which the plaintiffs agreed to when they purchased the controllers.

“Plaintiffs repeatedly agreed not to bring a lawsuit like this in court,” stated Microsoft. “Instead, they assented to the Microsoft Services Agreement and to warranty agreements in which they promised they would arbitrate disputes on an individual basis using a consumer-friendly process before the American Arbitration Association. The Federal Arbitration Act requires enforcing these agreements.”

Microsoft aren’t alone in facing lawsuits due to controller drift. Nintendo has faced similar allegations, facing multiple lawsuits over the Joy Con’s drift problems.

About Chris Wallace

Chris is a freelancer writer and was MCV/DEVELOP's staff writer from November 2019 until May 2022. He joined the team after graduating from Cardiff University with a Master's degree in Magazine Journalism. He can be found on Twitter at @wallacec42, where he mostly explores his obsession with the Life is Strange series, for which he refuses to apologise.

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