“Nintendo did not mention an important fact in a presentation to a consumer.”
Nintendo faces another class action lawsuit over Joy-Con drifts.
On January 15, the Canadian company Lambert Avocat Inc. filed for permission to bring a class action lawsuit against Nintendo for “compensation for all Québec consumers who also purchased the Nintendo Switch and Nintendo Switch Lite gaming systems. ” as Joy-Con and Nintendo Switch Pro Controllers “.
The filing states that “goods purchased must be fit for the purposes for which such goods are normally used, and that they must be durable for a reasonable period of time under normal use,” and therefore Joy-Con drift – the seemingly common experience of finding your controller is not responding properly to analog stick controls or is suddenly controlling itself – this is “a major, fatal and hidden bug”.
“Nintendo did not mention one important fact in a presentation to a consumer: the quality of its products, which is a key element that can influence the consumer’s informed decision when purchasing a product,” the submission states (thank you, IGN).
US lawyers filed a class action lawsuit against Nintendo a few years ago, which was also sued for the defective thumb pins. Just a few months later, US gamers who had problems with Joy-Cons on the then newly released Nintendo Switch Lite also joined a class action lawsuit.
Last year, Nintendo officially apologized for the first time for the ongoing Joy-Con issues Nintendo Switch owners are facing.
“With regard to the Joy-Con, we apologize for any problems our customers may have,” said Nintendo President Shuntaro Furukawa at the time. “We continue to strive to improve our products. With Joy-Con being the subject of a class action lawsuit in the US and this is still a pending issue, we do not want to respond to specific actions.”