In a class-action suit filed against Nintendo over its faulty Joy-Cons, two mothers are seeking compensation for the harm caused by the faulty controllers. The lawsuit alleges that Nintendo engaged in unfair, deceptive, and fraudulent business practices. Plaintiffs are claiming nine claims for relief. These claims range from violations of the Magnuson-Moss Warranty Act to breaches of the implied warranty of merchantability. Despite the lack of proof, Nintendo declined to dismiss the lawsuit as a class action, which means that individual arbitrations will be required.
While the causes are unknown, Nintendo has begun to offer free repairs for its Switch consoles to address the problem.
Some consumers have reported that their controllers drift, causing unintentional movement of their character or cursor. In response to the complaints, Nintendo has begun to offer free repairs for joy-con controllers, but the problem persists with new console models. The problem is so common that Nintendo has been unable to address the issue promptly.
A class-action lawsuit filed against Nintendo of America, Inc. alleges that Nintendo sold faulty Joy-Cons because they were prone to drift. The lawsuit was originally filed by Shuntaro Furukawa in California but was later consolidated in the US District Court for the Western District of Washington. This lawsuit was filed on July 19, 2019.
While the case is not over yet, Sony and its European counterparts are making a concerted effort to settle it as soon as possible. The Nintendo Joy-Con lawsuit is expected to drag on for a while. Both Sony and the ACCC are trying to expedite the process and avoid the long court battle. The settlement would be a positive precedent for Sony and show that the company is aware of its legal responsibilities.
The problem of Joy-Con drift has been a major concern since the Switch launched, but Nintendo has not yet implemented a permanent fix for the problem.
The frustrating issue has led to a class-action lawsuit by Switch owners who are fed up with the lack of an effective remedy from the company. Among the claims made by this Switch, owners are that Nintendo has failed to inform customers of the problem and routinely fails to fix the defect without charging customers for it.
In response to the suit, Nintendo has argued that children do not have the legal standing to sue for the injuries caused by the Joy-Con. The lawsuit has cited Nintendo’s End User License Agreement (EULA), which says that users must be at least 18 years old to purchase the hardware. Parents’ lawyers claim that children under 18 cannot be legally bound by the EULA. However, this argument is not enough to sway a jury.
In the past, the drifting of Joy-Cons was a widespread problem for the Nintendo Wii.
Some say that the company intentionally under-engineered the device. Until the company changed this policy in 2019, owners of faulty joy-cons were either stuck paying for repairs or purchasing a brand-new set. Depending on the supplier, the new set costs anywhere from $40 to $50. However, Nintendo always made money from the product.
This has prompted Nintendo to make a series of improvements in the joy-Cons, including improved controls and a new, OLED Switch console. These improvements are a positive development for the company, and the lawsuit will undoubtedly result in more improvements. The joy-Cons themselves have also undergone improvement, so they are unlikely to ever revert to the original design. Even if they were to revert to their previous design, Nintendo’s latest hardware improvements will not eliminate the problems that have caused them.
However, the underlying problem is not the Joy-Cons themselves, but the design of the controller. Many people believe that the Joy-Cons are too flimsy to withstand a heavy amount of force. In reality, the Joy-Cons are a part of the video game experience and should be treated as such. However, the company will need to prove its product is incomparably safe for consumers, to ensure the game stays profitable.