Nintendo is Facing a Class Action Lawsuit for Joy-Con Drift Issue

Nintendo of America finally has to deal with the massive amounts of complaints about “Joy-Con Drift.”

A class-action lawsuit is being prepared against Nintendo of America by Law firm Chimicles Schwartz Kriner & Donaldson-Smith (CSK&D). The plaintiff, in this case, is Ryan Diaz. Diaz says he purchased a Nintendo Switch in July 2017 and experienced Joy-Con Drift 11 months later. According to Diaz, he sent in his defective Joy-Cons to Nintendo for repair since they were under warranty. The Joy-Con drift returned three months after Nintendo repaired them. Diaz’s account is consistent with many Nintendo Switch owners.

Joy-Con Drift has been plaguing Nintendo Switch owners since the console released in March 2017. Drift is an issue with the controller’s analog stick. The analog stick will register a movement even if the player doesn’t touch the controller. For example, if you are playing Skyrim in handheld mode and put the Switch down, you might see your player move to the side.

Switch owners have the option to send their defective controllers to Nintendo for repair, but it is common for the problem to return. Nintendo has not yet offered a solution to this issue.

CSK&D claims Nintendo “fails to disclose the defect and routinely refuses to repair the joysticks without charge when the defect manifests and never disclosed this material defect to consumers.” CSK&D described Nintendo’s business practices as “unfair, deceptive and/or fraudulent.” The goal of this lawsuit is to “redress [Nintendo’s] violations of California consumer fraud statutes, negligent misrepresentation, breach of implied warranty [and] unjust enrichment.” Davis is also seeking monetary belief as well as a declaration as to what Switch Owners’ rights are in this situation.

CSK&D is asking US Switch owners to get involved in the case, and you can do that here.