A Seattle class action lawsuit against Nintendo was filed on Nov. 17 by a miner named “A.C.” The complaint alleges that Nintendo continues to sell and market new Switch units that have the drifting defect, and demands a jury trial. In addition, the suit seeks a monetary award for all Switch buyers who are under the age of majority. This article explains how a class action lawsuit works, what damages can be sought, and when the class can file suit.
Joy-Con drift class-action lawsuit
A joy-con drift class action lawsuit against Nintendo Switch is currently underway. The lawsuit alleges that Nintendo engaged in deceptive and unfair business practices when selling the Switch. It names nine claims for relief, ranging from the Magnuson-Moss Warranty Act to breach of implied warranty of merchantability. Under the implied warranty of merchantability, a seller promises that a product will work as promised.
The Nintendo Switch has been plagued by complaints of Joy-Con drift and other problems. A law firm in Montreal, Quebec, has sought court permission to file a class-action lawsuit against Nintendo. The law firm alleges that its client is suffering from “Joy-Con drift,” a defect that causes the analog sticks to register movement even if they are stationary. The lawsuit also claims that Nintendo failed to disclose the defect, and has therefore violated consumer protection laws.
Damages sought in the suit
In July last year, the law firm Chimicles Schwartz Kriner & Donaldson-Smith LLP filed a class-action lawsuit against Nintendo relating to the joy-con controller’s tendency to drift. Plaintiffs claimed that Nintendo had knowledge of this problem and did nothing to correct it. Although the suit was dismissed in the US district court for Washington, a separate California lawsuit is in the process of being decided.
The lawsuit claims that the joy-con controllers on the Switch were defective, causing drift and unintentional cursor movements. This caused many Switch owners to file lawsuits and forced Nintendo’s president to issue a public apology. But the problems persist and the plaintiffs plan to continue their case. Nintendo has apologized and begun offering free repairs for the controllers, but a federal judge may be reluctant to award monetary damages to children.
Timeline of suit
The timeline of a Nintendo Switch class action lawsuit is an important piece of the puzzle for consumers who have suffered from problems with the game console. The plaintiffs are claiming that Nintendo is to blame for a defect in the Joy-Con controllers that have left some users with a sensation of drift. Fortunately for Nintendo, the company has yet to release a statement regarding the suit. However, the company has provided a list of issues that have led to the lawsuit.
The company is also awaiting the results of the various arbitrations and investigations. The lawsuit claims that Nintendo acted unfairly in failing to disclose the issue to consumers. Moreover, Nintendo has yet to resolve the issue, leaving consumers with a product that is prone to drift. In the meantime, the company is also monitoring the U.S. legal proceedings, especially the ones that relate to the game. In many cases, complaints end up in arbitration, but an arbitrator may rule that a case must be tried in court. This could mean a costly settlement or a proper jury trial.
Limitations of suit
The current limitations of a Nintendo Switch class action lawsuit do not include the lack of proof or the lack of compensation for the affected owners. The Switch was released in 2017, and other legal complaints have been filed against the company. In one of the most recent lawsuits, a US family filed a class-action lawsuit against Nintendo over a problem with its Joy-Con controllers, known as “Joy-Con drift.” This problem results in characters moving in the wrong direction, even when the player doesn’t press a button. Those with affected controllers report that the problem has been affecting their gameplay since December 2018, even though the family had already replaced the controllers with new ones.
The Nintendo Switch lawsuit cites the End-User License Agreement, which essentially limits the company’s liability to the amount of money it will pay to a consumer. This clause is standard in EULAs, which is why the lawyers for Nintendo have argued that arbitration should be the right course of action in this case. However, parents’ lawyers argue that a child under the age of 18 cannot be legally bound by a EULA.
