Australian PS5 Owners – Remember Consumer Law Protects Your Controller

TL/DR – Australia has some of the best consumer guarantees in the world; if you are having issues with a PS5 controller you have a right to a repaired controller, new controller, or refund. Stick to your guns and don't take no for an answer. If all else fails, lodge a complaint on the ACCC website.

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The "problem" with the Consumer Guarantee is that retailers and manufacturers will never bring it up, and seem quite happy to pretend it does not exist until you mention it.

Australian Consumer Law guarantees all purchases under $40k (to be increased to $100K July 2021), regardless of manufacturer warranty. Among other things, Products must be of acceptable quality, that is:

• safe, lasting, with no faults;
• look acceptable;
• do all the things someone would normally expect them to do.

No time frame or limit is placed on this guarantee. It is instead based on what a reasonable person would expect for the product or service. Some would – quite reasonably – argue that it is completely unreasonable for a television to cark it within 5 years, regardless of whether said television had a 2-year manufacturer's warranty.

Similarly, some would – quite reasonably – argue it is completely unreasonable to expect a console's controller to cease functioning as expected after such a short period of time – despite the 1-year manufacturer's warranty the PS5 controller comes with.

The ACL entitles you to deal exclusively with the retailer (EB Games, JB Hi-Fi, etc.) if you wish. They are not permitted to tell you that you must go to the manufacturer (Sony). The ACL defines problems as minor or major. If you have a minor problem with a product:

• you must accept a free repair if offered, or
• If the business fails to give you a free repair within a reasonable time or cannot fix your problem, you can:
  • get it done elsewhere and pass on the costs to the business
  • ask for a replacement
  • ask for a refund

When you have a major problem with a product, you have the right to

• Ask for a replacement or refund

You are entitled to recover reasonable postage or transportation costs from the business if the product is confirmed to have a problem, so keep your receipts.