A proposed class action lawsuit says that the PlayStation 5 (PS5) is hampered by a defect that can cause the console to suddenly crash and power down during gameplay.
The 17-page suit out of Illinois charges that Sony Corporation of America knew of the defect as early as the summer of 2021, yet has failed to disclose the problem to consumers or take any substantial action to address it. The filing claims that the crash problem occurs more often with new-generation PS5 games (as opposed to older games) and renders the console unfit for its ordinary purpose.
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According to the case, consumers would not have bought the PS5, which retails for up to $499.99, had they known of its propensity to crash and power down.
Worth the wait?
The lawsuit stresses that Sony’s marketing amid the console's launch was “aggressive,” with the company reportedly spending three times as much as Microsoft did for the release of its Xbox Series X. Throughout its marketing, Sony has touted the PS5 as a next-generation console equipped with “Lightning Speed, Breathtaking Immersion, [and] Stunning Games,” the suit states.
The case points out that the PS5 is the only system in existence that can handle the “all-new generation” of games for the console. Per the case, Sony partnered with a number of popular game creators to release exclusive titles that can be played only on the PS5, making the console “a more coveted purchase for consumers.”
Although the PS5 has done well in the market, the console “has, and remains, an extremely exclusive purchase” given that many retailers quickly sell out of the device, the filing relays.
To that end, Sony has admitted that the PS5 will be in short supply until 2023.
The complaint relays that consumers who have been able to lock down a PS5 have unfortunately been met with the “ironic truth” that the ostensibly “limitless” console is plagued by a design defect that severely limits a player’s expected use of the system.
Crashing and powering down, the lawsuit shares, is indeed a “common and significant” issue among PS5 users that “materially interferes with a user’s gameplay and enjoyment of the PS5.”
Often, when the crash defect causes a PS5 to power down, the complaint says, a user will lose their game progress. Once the user is finally able to turn their console back on, they’re warned that the manner in which the PS5 turned off is dangerous and can cause data loss, corruption or overall system damage, according to the case.
Per the suit, players are often required to downgrade next-gen PS5 games to the PS4 version to avoid the defect.
Who’s covered by the lawsuit?
The case looks to represent all individuals in the United States who, within the applicable statute of limitations period, bought a PlayStation 5.
I own a PS5. How do I sign up?
When a class action case is initially filed, there’s usually nothing you need to do to join or sign up for the lawsuit. For these kinds of cases, it’s typically only if and when a lawsuit settles that the people who are covered, called “class members,” would need to act, usually by filling out and submitting a claim form online or by mail.
If this lawsuit were to settle, those who are covered by the case would most likely receive a notice about it by mail and/or email (or read about it here on ClassAction.org). A settlement notice generally contains information on how, where and by when to file a claim, your legal rights and other pertinent details on the litigation.