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Xbox drift case should be decided via arbitration, Microsoft argue

Published: 18:19, 04 January 2021
Updated: 18:33, 04 January 2021
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Xbox artwork by AltChar

It looks like controller drift is becoming a proper legal category here, but Microsoft are more interested in resolving disputes with plaintiffs via arbitration.

Microsoft found themselves on the receiving end of a class action lawsuit in April of 2020, where a number of Xbox owners argued that the wear and tear-induced drift is a widespread issue. 

The lawsuit alleges that Microsoft are aware of this, but failed to disclose it to Xbox customers. Moreover, the plaintiffs suggest Microsoft "failed to disclose the defect and routinely refuses to repair the controllers without charge when the defect manifests."

October 2020 saw the filing of an amended complaint asking for a jury trial, and another seven plaintiffs added, but Microsoft appear to have different ideas about resolving the dispute.

As reported by VGC, the Xbox maker called on the Washington Court to compel arbitration for this case, which is what the plaintiffs technically agreed to in the Services Agreement. Basically, it's what you agree upon before using either Xbox controllers or Xbox Live. 

The company insists that the plaintiffs have therefore repeatedly agreed to not bring lawsuits like this in court. 

"Instead, they assented to the Microsoft Services Agreement (‘MSA’) 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 (“AAA”). The Federal Arbitration Act requires enforcing these agreements", they wrote. 

Microsoft Xbox One X console with controller Xbox One X

You may recall that last year's case against Nintendo in Washington had a similar outcome, i.e. it went to arbitration, and it appears that this is the outcome Microsoft are hoping for. 

You can learn more via VGC .

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