A class action that alleges Microsoft’s Xbox One and Xbox Elite controllers suffer from stick drift is unlikely to ever be settled through a public court. This is according to coverage from competitive gaming outlet The Loadout, which reported that the lawsuit filed by Donald McFadden last year and investigated by law firm Chimicles, Schwartz Kriner, & Donaldson-Smith has now entered arbitration, a dispute resolution process that operates outside of court. The implication is that Microsoft is off the hook from having to face a lengthy, public litigation process and a binding decision that may not work in its favor, but Chimicles, Schwartz Kriner, & Donaldson-Smith has doubled down on its intent to recover damages for affected users by offering to buy used Xbox controllers suffering from stick drift to bolster its arguments in front of adjudicators.
When asked why the firm had taken an interest in the controller drift cases – which span all three of the console giants – [Benjamin] Johns says that the firm actively scours blogs and social media to tap into consumer qualms. “We noted trends in complaints for these various controllers,” he says, “and, sure enough, when we began investigating it we were inundated with intakes from people across the United States and beyond.” Once the expert was brought in, the firm knew it had a case on its hands.