Another class-action lawsuit against Nintendo over Joy-Con drift is being proposed in North America, but this case hinges on the question of whether or not two kids can sue the Japanese giant.
Lawyers for families suing Nintendo in the case 'Sanchez et. al. v. Nintendo of America' claim that an arbitrator has ruled that the two mothers involved in the legal action cannot proceed with a class-action suit. Given this ruling, the mothers have now decided to press on – with their children filing the suit.
This new development comes at a time when the whole drama surrounding Joy-Con drift – an issue where the analogue sticks on the Switch's controllers pick up input even when the user has stopped touching them – has largely died down. Cases filed in 2019 and 2020 have stalled following Nintendo's free repair program, which will repair or replace any impacted Joy-Con – but the console's somewhat watertight End User License Agreement has also proven to be a stumbling block for potential legal cases.
Nintendo has successfully managed to put many of the suits into arbitration as it claims that customers impacted by the issue will have 'digitally signed' the console’s End User License Agreement when they bought the system, and this agreement includes a waiver on pursuing any class-action suits.
An age limit of 18 is also noted – which is crucial in this particular case, as the Sanchez lawyers claim that the children cannot be bound by the terms of the EULA because of their age.
As you might imagine, Nintendo's lawyers have responded by stating that the kids cannot sue since they didn't actually buy the hardware.
Regardless, the Sanchez lawyers are asking the court to allow the suit to proceed on behalf of the children. It was previously put on hold in 2021 pending arbitration. The case will go before a federal judge in California on Thursday.
[source axios.com, via eurogamer.net]
All in all it’s just another drift in the law(suit).
(Reference to the subtitle of the article.)
I'm sure the loose change in their piggy banks will amply cover their legal costs.
Oh dear. Well, may as well get them acquainted with the legal system from an early age, I suppose?
@johnvboy - as we were discussing the other day...
Why was the lawsuit from the moms not allowed to proceed? You link to it in the article: "two mothers involved in the legal action cannot proceed with a class-action suit" but that article only says they filed the lawsuit, nothing about it not being allowed.🤷
Removed - unconstructive
if the following is true: "children cannot be bound by the terms of the EULA because of their age", than we may all get screwed over.
for example, i guess that means that children can steal money from their parent's bank accounts and spend it as they please and no one can do a thing about it. where else is the child going to get the money from to file a lawsuit against Nintendo (or some other company), the bank?
Yes pretty sure these articles know what they are doing, and there is of course a steady reliable stream of outrage to keep thee things ticking over.
As you say Deja-vu anyone.
The names of the two mothers wouldn't happen to be Karen would it?
We don't need no arbitration
We don't agree that there's driftin' controls
In the time it took them to file this suit they could have gotten the joycons sent to Nintendo and back already.
Those poor kids
Fixing mine with the cardboard-square trick. Screw driver's in the post.
I'll be honest, I had forgotten it was a thing. Been awhile since I've heard about it and I only had the problem on one of my four joycons. It's been fine in the 3 years since Nintendo fixed it for free, and it took less than a week to get back. But that's only me, obviously everyone will have different experiences with it.
This headline does scream of parents using their children to get rich quick though.
Yeah, I sure have questions. You can file a consumer lawsuit as an underage individual, targeting a product you most likely never purchased and possibly weren't even entitled to purchase since most related transactions in context are done with digital payments (unless you brought a hefty piggy-bank to the store)? 🤔😅
My Joy-Con R suffers drifting and occasionally drifts, but what seemingly worked for me is to clean the rails and the socket on the Switch itself with a disinfecting wipe. Ever since I did that, it barely drifts. I think my Smash 4 Gamecube controller C-Stick from 2014 drifts more nowadays.
If it weren't because I play docked, I would forget it drifts. It only happens when Joy-Con is detached.
As for the story itself, did the kids themselves buy the faulty Joy-Cons?
I love Nintendo but I'm all for suing corporations that wittingly sell defective products to their customers.
Yeah let's sue Nintendo for the Russian-Ukrain war, and the chip shortage, and Sony's crazy subscription plans, and the Corona virus... And your bunrt pizzas...
Oh no! Please don't sue this poor multi- billion dollar corporation! It totally cares about you and couldn't possibly do anything wrong ever!
Yes teach your children how to be greedy, that'll bring some good to the world right?
feels like people are playing directly into nintendo's lawyers' narrative in the comments here but that's okay
@Raptros what're you on about
@somebread well if Nintendo fanboys are going to blame Nintendo for everything and say that everything Nintendo does is wrong, might as well say that everything IS wrong and blame nintendo for it, right? So why not sue them for everything that is wrong as well?
@1UP_MARIO Sue Nintendo for that too, it's probably their fault!
It’s amazing how there’s always talk about people struggling, day to day. But people seem to always have money for lawsuits. 🤷🏿♂️
If my mom asked me to sue Nintendo, I'd ask her if I was adopted.
@Raptros lol. My comment was begging for that reply
@rjejr They agreed to Nintendo's terms of service after activating the console. However, the parents argue that the kids, being under 18 years of age, cannot agree to Nintendo's ToS and can sue themselves
So are these people just planning on going broke? Or do they have nothing left to lose.
I love the reference in that subtitle, and I love the comments made by @Desrever and @darkswabber
With what? Their weekly allowance? How about ya save the lawsuits for when you need it, dumb people. There's non-drifty, inexpensive controller options out there for crying out loud.
So now the NL community has decided that Joy Con drift is ok and that the people suing Nintendo over it are in the wrong?
This is taking it to a whole new level but I can understand the frustration of the parents.
I've sent joycons into Nintendo 3 times and everytime they've worked for about 2 weeks and the drift returns.
So I send them in again, and again...........it got to the point I just gave up.
I bought 3rd party cheap pro controllers and they work a treat but I shouldn't have to do that in the first place if Nintendo made a decent controller from the start.
Just because some people haven't had it happen to them doesn't mean it doesn't happen and you shouldn't play down the fact that others like me have to repeatedly send them in to get fixed.
You should count yourselves lucky because some of us are repeatedly having issues which isn't acceptable.
kirby forgotten land makes you mash the stick too
I fail to see what a lawsuit will solve outside of possibly giving money to people for complaining. If Nintendo is fixing the drift for free what's the issue?
Removed - unconstructive; user is banned
I must be the luckiest dude in the world but I had the switch since release and recently got the OLED, I have six pairs of joycons and not one of them have joy con drift even the oldest pair I have doesn't and it came with my first switch when it first came out . TALK ABOUT LUCKY
And had enough time for them to drift again...
Yea, it seems the majority of the comments are OK with stick drifting issues now. Every article previous the majority was against Nintendo for this but now are all for it? WTH???
I've got 6 (SIX!) controllers that drift from playing the occasional handheld and I take care of my stuff really well. I mainly use a Pro Controller on the TV so it doesn't effect me much but with Sports coming out next month I hope (and I assume) we won't need to use the stick to play Bowling.
@Crono1973 No, we're saying it's dumb for greedy parents to do this, instead of exploring other options like reasonable mature human beings. Besides, if they're gonna sue for something so petty as a crappy videogame controller, they need to put on their adult panties and do it themselves instead of attempting to make their kids do it.
@Pete41608 then send them back. Nintendo is offering the service for free. Trying to get a payday has nothing to do with that.
This feels like a bit of a dirty trick. Of course, joycon drift sucks, and Nintendo is being a little pathetic about it. However, you have options. You can just get a pro controller, fix the minor things by yourself, send the joycons in, etc. These two woman made a lawsuit, were told “no,” and now they’re forcing their kids to do it for them.
Removed - flaming/arguing
@jorel262 I fail to see what a lawsuit will solve outside of possibly giving money to people for complaining. If Nintendo is fixing the drift for free what's the issue?
Did you know that it was lawsuits that strongly influenced Nintendo to fix the joy cons for free? They were happy to keep charging people to fix their flawed controllers.
Removed - flaming/arguing
@Tempestryke I'm not defending Nintendo, I'm openly showing derision for these idiot parents.
You are doing both.
The parents can't sue because of a BS clause in the EULA. It's a nice little racket they have there. The people who buy the console can't sue and the people who aren't bound by the EULA can't sue because they didn't buy it.
Please don't defend this nonsense by saying 'but other companies do it too'. How much do you suppose Nintendo has made selling knowingly defective controllers?
For me, the solution would be for Nintendo to make sturdier, less drifty hardware.
@Moistnado There was a time when Nintendo was known for sturdy hardware.
I said the EULA wouldn't hold up for this very reason about a decade ago. lol
They have control of the courts and the senate!
@Crono1973 yes, my old Nintendo handhelds have already outlived my switch.
Parents can't sue, so they use their children as a tool around that. Good parenting!
@QuietTooter Me too, though I got my Switch in 2019
@rjejr because they are over 18 and technically signed the eula
I gotta say it, the repair service is *****.
Nintendo only accepted 3 of my 8 joy cons, and they have all since gone back to drifting. I've had more luck fixing it myself.
I'm still surprising that people think it's normal to sell defective hardware.
@Nontendo_4DS that makes so much sense, when I think about a lot of lawsuits, in the past! 😂 Thanks for replying!
@Moistnado Playing Chrono Trigger on my SNES now since Chrono Cross is coming in a week.
@stevenw45 How do you figure that? It does not logically follow. It's been the case for a very long time that minors can not sign contracts (such as EULAs) but still have to obey the law (such as the law against stealing).
Through in practice most minors get away with stealing from their parents' bank accounts simply because the parent opts to not press charges, take the loss and punish the kid.
I believe this is starting to get repetitive with these Joy Con Drift lawsuits right now. There is a video on YouTube that can help with this stuff to fix it instead of just trying to sue somebody over a stupid yet fixable flaw with a controller.
All you need are the right tools and a piece of thin cardboard from a box and place it under the Joy Con's analog stick to fix it. If it gets dirty even after that fix then clean it. Simple as that.
@ChickenJoe Thanks, suppose that makes sense. Would be nice if laws started getting written to protect the consumers as much as the companies, but I digress.
@AW1Long I like how companies can make a EULA that says - If you use our product, even if it is defective, you're screwed b/c you signed it. /s
Had to make an account just to comment here. Long time reader, first time commenter.
Please, stop saying "all you need to do is fix it yourself, buy a screwdriver to open it up and put a cardboard square in it" or "just buy a pro controller".
Please NL community, don't victim blame. Stop telling people the solution is to spend more money to fix a piece of plastic we pay $40 each for.
Taking the children out of the story, these two mom's have shown the EULA has a catch 22, where by you can't test a controller for quality or drift without first accepting an agreement.
You also shouldn't have to send the controller back 3-4 times as commenters above have had to do. After the second time, Nintendo should be sending you a brand new controller. Back in the day when Smash Bros Brawl had consistent disc read errors, they replaced my Wii system outright after the third repair. They even transferred my virtual console purchases to the new Wii. In this day, that would be unheard of.
There shouldn't be a repair program, it should be a recall program. Nintendo needs to design a new controller, and recall the existing ones.
@Retro2Modern There is a video on YouTube that can help with this stuff to fix it instead of just trying to sue somebody over a stupid yet fixable flaw with a controller.
Yep! It's ok to sell defective controllers as long as there is a YouTube video about how you can fix it yourself.
@Crono1973 Finally. Somebody agrees with me on this stuff.
Removed - flaming/arguing
@Retro2Modern I was being sarcastic, I should have used the sarcasm tag. Sorry for the confusion.
@Crono1973 In that case, phooey on sarcasm. I tried this fix myself, and I hadn't had any single ounce of drifting on my Joy Cons. Even though I never had any at all, I can guarantee that it will still work regardless of what the sticks have been through.
@Retro2Modern I remember when Toyota had to issue a recall because of defective brakes or something. People really should have just fixed the brakes themselves and Toyota should have just kept selling the defective brakes. Right?
I just recently bought new ones because the joy con's stopped working properly and I could not figure out how to get mine fixed since tech support didn't help me at all. I just threw them away and bought new ones, which cost $300! But what do you expect when you buy cheaply made products for them to make billions in profits.
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