Joy-Con class-action lawsuit may only succeed if kids are allowed to sue Nintendo

[midian182]

WTF?! Nintendo has long had a reputation for appealing to kids, but it definitely doesn't want them involved in a class-action lawsuit over the notorious Joy-Con drift issues. If two children aren't allowed to sue the Japanese gaming giant, the whole case will likely fall apart.

The strange scenario revolves around the long-running Joy-Con drifting issues. There have been numerous complaints of the Nintendo Switch controller automatically drifting across in one direction after extended use, leading to lawsuits, free repairs, and Nintendo making a rare apology.

Axios reports that previous class-action lawsuits from 2019 and 2020 have "largely stalled out" and been sent to arbitration for resolution. In one of the cases, Sanchez et. al. v. Nintendo of America, which is being proposed by two mothers who bought Nintendo Switch consoles for their children, there could be an unusual solution.

The problem for the plaintiffs is that Switch owners are prompted to digitally agree to the console's End User License Agreement (EULA), which includes a waiver on pursuing any class-action suits. This waiver is what triggered the arbitration.

However, the EULA agreement must be accepted by someone over the age of 18. The mothers in the Sanchez case say their children can't be bound by the EULA because they are minors, and therefore want the suit to proceed on behalf of the kids.

Nintendo, of course, says otherwise. It argues that the children weren't the ones who purchased the Switch console "and allege no cognizable harm to themselves."

The case will go before a federal judge in California today.

While the Joy-Con drift issues might be the most famous case, there have also been class-actions filed against Microsoft and Sony over claims their respective controllers suffer the same problem.

Permalink to story.

https://www.techspot.com/news/94003-joy-con-class-action-lawsuit-may-only-succeed.html

 

[JKnight]

Some lawsuits would never happen if companies didn't cheap out on components.

 

[dangh]

Oh I can't wait for Steam Deck being widely available and making Nintendo rethinking a bit their approach...

 

[QuantumPhysics]

Oh I can't wait for Alienware UFO being widely available and making Nintendo rethinking a bit their approach...

 

[AMN3S1AC]

Oh I can't wait for Steam Deck being widely available and making Nintendo rethinking a bit their approach...

Maybe in 2023/2024, lol.

 

[Aceseven]

Ninty is one of the most unfriendly companies around.

 

[BigRedPDX]

That's why I sold my switch. I absolutely hated those Joy Cons.

 

[kiwigraeme]

Be interesting to see how this plays out ,
Blind EULAs ( you only see it after purchase )are kind of BS - oh you should check the Nintendo's web page 3 links down .
Some countries go hard on that crap.
If kids were dying being injured - then Nintendo would have no chance.
The thing is parents have a remedial action in - most countries for fitness for purpose and of sufficient quality for the outlay ( ie reasonable expectations ). Consumer goods act in NZ - can last a long time for some whiteware - at the other end a junk $1 toy pretty much has to never work .

Generally you can not opt out of peoples rights enshrined in law - There are exceptions - but something blah blah in EULA does not count - it has be very specific - has to be signed off separately.
You can not make a contract to not follow wage laws - make someone your slave - that's not to say their are not creative ways - A religious cult is being sued in NZ by now adults for their "forced child labour" on the farm/laundry/kitchen - lots of strange organisations have "volunteers" doing crazy hours 7 days a week .

Anyway I'm sure there are readers on here that might of bought a Switch as a 16 year olds - if they were around that age . I bought a C64 , Monitor and floppy drive at 18 with my own money - and that was a lot more money

 

[dangh]

Maybe in 2023/2024, lol.

you are most probably right, and that will be switch 2 as well.
I should get my one shortly (q2) and wont look on any other portable device.

 

[quadibloc]

We wouldn't have this problem if there was a law that made any and all contract clauses waiving the right to sue and mandating arbitration null and void - except in one-to-one contracts between equals. But never for a consumer product. Obviously, the solutiion is to elect better politicians.

 

[Darth Shiv]

WTF?! Nintendo has long had a reputation for appealing to kids, but it definitely doesn't want them involved in a class-action lawsuit over the notorious Joy-Con drift issues. If two children aren't allowed to sue the Japanese gaming giant, the whole case will likely fall apart.

The strange scenario revolves around the long-running Joy-Con drifting issues. There have been numerous complaints of the Nintendo Switch controller automatically drifting across in one direction after extended use, leading to lawsuits, free repairs, and Nintendo making a rare apology.

Axios reports that previous class-action lawsuits from 2019 and 2020 have "largely stalled out" and been sent to arbitration for resolution. In one of the cases, Sanchez et. al. v. Nintendo of America, which is being proposed by two mothers who bought Nintendo Switch consoles for their children, there could be an unusual solution.

The problem for the plaintiffs is that Switch owners are prompted to digitally agree to the console's End User License Agreement (EULA), which includes a waiver on pursuing any class-action suits. This waiver is what triggered the arbitration.

However, the EULA agreement must be accepted by someone over the age of 18. The mothers in the Sanchez case say their children can't be bound by the EULA because they are minors, and therefore want the suit to proceed on behalf of the kids.

Nintendo, of course, says otherwise. It argues that the children weren't the ones who purchased the Switch console "and allege no cognizable harm to themselves."

The case will go before a federal judge in California today.

While the Joy-Con drift issues might be the most famous case, there have also been class-actions filed against Microsoft and Sony over claims their respective controllers suffer the same problem.

Permalink to story.

https://www.techspot.com/news/94003-joy-con-class-action-lawsuit-may-only-succeed.html

Companies should not be able to put bans on class actions in EULAs. That part of the EULA should be void.

 

[Avro Arrow]

This is just beyond stupid. Nintendo is trailing in the console market so badly that they may have to stop making them altogether. Instead of fixing an obvious and serious issue, they (very publicly) try to weasel out of it. When you're trailing in the market, you have to be willing to make some pretty serious concessions to consumers when stuff like this happens because if you don't, the next console they buy will be from either Sony or Microsoft. I know it would be if I was that consumer.

 

[Darth Shiv]

This is just beyond stupid. Nintendo is trailing in the console market so badly that they may have to stop making them altogether. Instead of fixing an obvious and serious issue, they (very publicly) try to weasel out of it. When you're trailing in the market, you have to be willing to make some pretty serious concessions to consumers when stuff like this happens because if you don't, the next console they buy will be from either Sony or Microsoft. I know it would be if I was that consumer.

Sorry what? 2021 sales the Switch topped the charts globally.

 

[Avro Arrow]

Sorry what? 2021 sales the Switch topped the charts globally.

I see what you're talking about and you're kinda right. Now, in the case of the Switch, it only topped global sales because of the TSMC shortage. I was wrong to say that Nintendo is third because it's actually second to Sony and ahead of Microsoft. I wasn't using any one system, I was talking about mindshare among the three brands and it turns out that Nintendo sales actually exceed Microsoft's by quite a margin.

I'm only using figures from 2000 and later because before that, Microsoft wasn't even making consoles and pre-2000 sales are irrelevant for today's mindshare.

Sony - 376,600,000 consoles sold (current millennium)
Nintendo - 274,400,000 consoles sold (current millennium)
Microsoft - 171,000,000 consoles sold (current millennium)

Even with the TSMC shortage, Sony is ahead of Nintendo by 102,000,000 sales (or 37%) since 2000. I don't think that the Switch being #1 in 2021 will do much to change the way people think and the way people think is that there's PlayStation and then there's everything else. Nintendo has a lot of ground to make up and trying to weasel out of this is going to hurt them. If Microsoft did the same thing, I'd be saying this about them but Xbox controllers are considered to be some of the best in the world alongside those of the PlayStation. Nintendo's controllers have been kinda weird since the N64 (and I LOVED that console!).

Remember, topping a single year in sales, even without the TSMC shortage, does not a dynasty create. The fact the that TSMC shortage does exist only tells me that the demand for Nintendo consoles isn't even close to that of Sony consoles. Nintendo can't afford to count on TSMC shortages all the time. They should be capitalising on their sudden good fortune by treating customers well because this would ensure that they'd get repeat customers.

Instead, what they're doing will ensure that a lot of Switch owners won't br repeat customers.

 

[Darth Shiv]

I don't really think Switch has an issue. They are after a certain market segment and they are doing pretty well in it.

Why Is the Nintendo Switch So Successful?

The Nintendo Switch is one of the most successful consoles of all time, thanks to some intelligent choices from Nintendo, and a little luck too.

gamerant.com