On January 15, 2021, our firm filed an application for authorization to bring a class action against Nintendo. This request seeks compensation for Quebec consumers who purchased Nintendo Switch™, Nintendo Switch™ Lite, Joy-Con™ and Nintendo Switch Pro controllers.
Our client’s story
Our customer purchased a Nintendo Switch™ console in November 2017.
After 11 months of use, she found that her left Joy-Con™ controller was defective, in that it sent directional commands into her game without manual intervention, a phenomenon called “Joy-Con Drift” in English.
Subsequently, she noticed that the problem persisted in her other games and also when navigating the main menu of the console.
Our customer then contacted Nintendo and sent her left controller to Nintendo’s factory for repair. However, 2 months later, she noticed the same problem with the right controller, and subsequently, with a second pair of Joy-Con™ controllers, as well as the Nintendo Switch Pro controller.
Our customer is of the opinion that this defect seriously compromises the basic functionality of the controllers and prevents her from using her console correctly.
Hidden defect
Under the Consumer Protection Act,a consumer who purchases a product is entitled to have it used for the normal purpose for which it is intended and that its duration of proper operation is reasonable, taking into account the price paid and the use he makes of it.
The “Joy-Con Drift” is a significant, serious and hidden defect in that:
- consumers would not have purchased the defective consoles or controllers or would not have paid such a high price if they had experienced the reduced life expectancy they could expect from these products as a result of the defect;
- the defect prevents those products from fulfilling the function for which they were purchased and causes inconvenience to consumers;
- the defect has not been revealed by Nintendo;
- consumers were unable to detect the defect following an ordinary examination of the products.
As a result, Nintendo has also ignored an important fact, namely the quality of its products, which is a determining factor that can influence the informed choice of the consumer.
Target group
All consumers who purchased a Nintendo Switch, Nintendo Switch Lite, Joy-Con, or Pro Controller for Nintendo Switch in Quebec since July 29, 2017;
and
All consumers who purchased a Nintendo Switch, Nintendo Switch Lite, Joy-Con, or Pro Controller for Nintendo Switch in Quebec, where the following phenomenon first occurred after July 29, 2017: at least one controller or console transmits directional commands without manual intervention.
Applications lodged with the Court
Application for authorization to bring a class action
Current status of the file
On July 19th, the Superior court authorized the bringing of our class action. To read the judgment, click here (in French).
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