Xbox is contending with a class action lawsuit levelled at drifting Xbox controllers (via VGC).

Plaintiff Donald McFadden filed the suit in the US District Court for the Western District of Washington, earlier this week. He claims that a brand-new Xbox Elite controller started to exhibit drift after a short while. He replaced it with another brand-new Xbox Elite controller, when the issue arose once again  “three or four months” later. McFadden says that Xbox knows that the design of the controller leads to drifting, but “failed to disclose the defect and routinely refuses to repair the controllers without charge when the defect manifests.”

Last year, Nintendo faced a similar situation, with customers complaining of drift in their Switch Joy-Cons. This lawsuit has since been sent to arbitration, after the judge refused the company’s call to dismiss the case.