“Nintendo failed to mention an important fact in a representation made to a consumer.”
Nintendo is facing yet another class-action lawsuit for Joy-Con drift.
On 15th January, Canadian firm Lambert Avocat Inc. filed an application to be permitted to bring a class action suit against Nintendo in a bid to “obtain a compensation for all Québec consumers who bought the Nintendo Switch and Nintendo Switch Lite gaming systems, as well as Joy-Con and Nintendo Switch Pro controllers”.
The paperwork says that “goods purchased must be fit for the purposes for which goods of that kind are ordinarily used and must be durable in normal use for a reasonable length of time”, and therefore Joy-Con drift – the seemingly common experience of finding your controller not responding properly to analogue stick controls, or suddenly controlling itself – constitutes “an important, serious, and hidden defect”.
“Nintendo failed to mention an important fact in a representation made to a consumer: the quality of its products, which is a key element likely to affect the consumer’s informed decision in purchasing a product,” the filing alleges (thanks, IGN).
US lawyers filed a class-action lawsuit against Nintendo a couple of years ago, this one also suing for the defective thumbsticks. Just a few months later, US players experiencing issues with Joy-Cons on the then-newly released Nintendo Switch Lite also joined a class-action.
Last year, Nintendo gave its first formal apology for the continued Joy-Con problems faced by Nintendo Switch owners.
“Regarding the Joy-Con, we apologise for any trouble caused to our customers,” Nintendo president Shuntaro Furukawa said at the time. “We are continuing to aim to improve our products, but as the Joy-Con is the subject of a class-action lawsuit in the United States and this is still a pending issue, we would like to refrain from responding about any specific actions.”