Class Action Lawsuit Filed Against Nintendo Over Joy-Con Drift

Complaints about Nintendo’s Joy-Con controllers for the Nintendo Switch have now apparently reached legal levels following the filing of a class action lawsuit against the gaming company. The law offices of Chimicles, Schwartz Kriner & Donaldson-Smith is the organization behind the lawsuit that alleges the Joy-Con controllers for the Nintendo Switch are defective while saying those problems are “leading users to experience drift issues.” The lawsuit was filed on the behalf of those who have purchased Switches and Joy-Con controllers, according to the law firm’s message, though the official complaint does list a Ryan Diaz as the plaintiff.

Sites geared towards Nintendo news such as GoNintendo initially reported on the lawsuit as it was levied against Nintendo and directed readers towards the law firm’s site that referenced the lawsuit announcement. That site is down at the moment though and has been since Saturday, perhaps a result of the traffic directed at that specific location given that the rest of the firm’s site is still up.

An archived version of the page can still be seen here though and shows the details of the lawsuit found below.

“CSK&D has filed a class action lawsuit against Nintendo of America, Inc. (“Nintendo”) for claims relating to alleged defects in the Joy-Con controllers that are part of Nintendo Switch gaming consoles,” the page reads. “The complaint, filed in the United States District Court for the Western District of Washington, alleges that the joysticks on Joy-Con controllers are defective, leading users to experience drift issues. Specifically, the complaint alleges that the joystick on the Joy-Con controllers will automatically register movement when the joystick is not being controlled by the user and interfere with gameplay. The complaint, filed on behalf of purchasers of Switches and Joy-Con controllers, brings claims under various consumer protection statutes as well as various warranty and common law claims.”

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A copy of the actual complaint can be here. Included in the complaint are quotes from Nintendo Switch owners which were shared on Reddit, GameFAQs, and other forums where Joy-Con users complained of drifting issues. We’ve seen more comments about this apparent drifting problem from users lately as discussions around the topic have grown more common.

Buyback programs and recalls were mentioned within the complaint as some but not all potential outcomes the lawsuit seeks. We’ve reached out to Nintendo for comment and will update the article accordingly if a response is received.

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