Microsoft would like to settle the class action lawsuit over Xbox controllers affected by drifting through arbitration.
A class action lawsuit was filed against Microsoft in April 2020. Several Xbox users claim that their controllers are experiencing drifting issues due to wear and tear, resulting in incorrectly translated inputs.
These problems affect different controller models and are known to Microsoft. Nevertheless, the company made no move to disclose this and, according to the plaintiffs’ experience, refuses to repair the controller.
While the plaintiffs want to take the proceedings before a jury, Microsoft wants to force arbitration, which would mean that the lawsuit would be settled out of court and ended with a final, binding decision.
According to Microsoft, the procedure is part of the service contract and each of the plaintiffs has thus already consented to it using Xbox Live and the controllers. The company’s application states as follows:
“Plaintiffs have repeatedly agreed not to take such a lawsuit to court.”
Instead, they agreed to the Microsoft Services Agreement (MSA) and warranty agreements, promising to resolve disputes on an individual basis through a consumer-friendly process before the American Arbitration Association (AAA). The Federal Arbitration Act requires these agreements to be enforced. “
In 2019, Nintendo was confronted with a similar lawsuit in which Joy-Con controllers affected by drifting were denounced. At that time, arbitration was granted.