'Drifting' Defect On Switch Joy Con Controllers Urges Owner To File A Class Action Suit Against Nintendo
Nintendo Switch fans are in for a big surprise. Recently a class action suit is being prepared for Nintendo America after several of the console's Joy-Con controllers have exhibited signs of "drifting."
The term refers to a problem with the analog stick when it registers a movement that's not inputted by the user. The defect affects a lot of titles, especially first-person games, wherein it results in the viewpoint drifting to the side.
Chimicles Schwartz Kriner & Donaldson-Smith (CSK&D) are calling US Switch owners to join the suit as it beckons Nintendo to address the defect. Ryan Davis, the case's plaintiff, said that he bought his Switch console in July 2017. He found out that the left joystick on his Joy-Cons has been exhibiting signs of drifting 11 months after the purchase.
He stated that he sent his Switch to Nintendo for repairs under the one-year warranty, but it still manifested the defect three months after the servicing. Davis also bought an extra set of Joy-Cons, but it again showed symptoms of "drifting" after 13 months.
Davis' issue is shared by hundreds of Switch owners, some of which are quoted in the complaint. Nintendo has continued to decline to comment on the defect. A solution has yet to be offered by the Japanese consumer company.
The law firm that filed the suit claims that Nintendo failed to "disclose the defect," and alleges that the company "routinely refuses to repair the joysticks without charge."
CSK&D added that Nintendo has "never disclosed this material defect," to its consumers and their practices are "unfair, deceptive and fraudulent."
The class-action lawsuit aims to redress the company's "violations of California consumer fraud statutes, negligent misrepresentation... unjust enrichment."
The plaintiff is asking for monetary relief and "declaratory relief" as to what rights each owner has in this situation. Players in the US looking to exert part in this trial can fill in their information on the CSK&D's website.
In the comments section of Nintendo Go, several users have already voiced their concerns for the recurring defect. One commenter said that "lets all band together and make a class-action lawsuit against Nintendo since its the only way we can get Nintendo to listen and improve s***."
Another one said that "I hope this works. I love Nintendo. But they sometimes have to listen. I don't want money from this at all or my joy-cons fixed. Just future revisions!"
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