Chimicles Schwartz Kriner & Donaldson-Smith (CSK & D), the law firm behind the recent class action on the DualSense drift issue, is asking potential complainants to pull out of Sony’s arbitration clause. Doing so will prevent the console maker from rejecting the case for a settlement.
As noted by IGN, CSK & D has published a notice on its website explaining that PlayStation 5 users agree to an arbitration clause contained in Sony’s software product license agreement. There is no way to proceed without accepting it, but users can opt out manually by sending a letter to Sony within 30 days of the console booting. To help users send the letter, CSK & D has posted a template on its website that is easy to fill out, and provided an address to email it to.
“As we continue to litigate this matter, we recommend that you opt out of Sony’s arbitration clause to sue claims against Sony in federal court,” wrote CSK & D. “Companies such as Sony often include an arbitration clause in their Software Product License Agreement (‘SPLA’), the terms you must agree to before playing games on your PS5 console. If the arbitration clause is enforced, consumers may not be able to file their claims in a traditional court or on a classroom basis. “
CSK & D also offers to send the letter on behalf of potential complainants, even if they choose not to keep the company’s legal services.
Sony has yet to respond to the issue. Similar lawsuits have been filed against Microsoft and Nintendo.