Tokyo Drift Volume 2
It’s taken almost three years, but my two original Joy-Con sets are starting to float: it’s time to put them in the meadow. That the controllers take so long to fail is the outlier, it seems, as Nintendo has faced multiple class action lawsuits in recent years; a few of them started in earnest soon after launch.
Now we can add one more to that stack. Canadian law firm Lambert Avocat Inc., filed Jan. 15 this year, is currently filing for this class action to be brought before a higher court in Quebec.
Here’s the company’s main argument:
“In November 2017, our customer purchased a Nintendo Switch game system. After eleven months of use, she noticed that her left Joy-Con ™ controller was malfunctioning. Her character would move in one direction without her input, a problem known as the Joy-Con Drift Then she noticed that the problem persisted in other games as well as navigating the main menu.
Our customer then contacted Nintendo and sent her left controller to the Nintendo factory for repair. However, two months after she received it, she noticed the same problem with the correct controller and then the second pair of Joy-Con controllers she bought, as well as her Nintendo Switch Pro controller.
Our client believes that this defect seriously compromises the basic function of the controllers and prevents her from using her gaming system properly. “
The company cites the Consumer Protection Act in their filing, noting that ‘purchased goods must be fit for the purposes for which such goods are normally used and be durable for a reasonable period of time under normal use, given their price and the terms of their use. “
If you remember, Nintendo has been asked about the situation several times by journalists, fans and even investors: and has generally declined to comment, in part due to the ongoing nature of lawsuits such as this one. Looks like the time is over for Nintendo: they will likely have to respond seriously on a business level sometime this year, beyond the current repair site.
Classroom action against Nintendo [Lambert Avocat Inc] Thanks Jeff!
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