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Nintendo faces class action lawsuit over Joy-Con drifting defect


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https://www.gamesindustry.biz/articles/2019-07-22-nintendo-faces-class-action-lawsuit-over-joy-con-drifting-defect

 

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A class action lawsuit is being prepared against Nintendo of America as complaints spread of a defect with the Switch's Joy-Con controllers.

 

Widely referred to as 'drifting', the issue centres around a problem with the analogue stick where it will register movement even if the player is not controlling it. In first-person games, for example, this results in the viewpoint drifting to the side.

 

Law firm Chimicles Schwartz Kriner & Donaldson-Smith (CSK&D) is calling on US Switch owners to join the lawsuit as it calls for Nintendo to address this issue.

 

The plaintiff of the case is one Ryan Davis, who reports he purchased a Switch in July 2017 and found the left joystick on his Joy-Cons drifting after 11 months.

 

He sent the devices to Nintendo for repair under one-year warranty, but three months later the refurbished controllers experienced the same issues. An extra set of Joy-Cons that Davis purchased separately also suffered the same problem after 13 months.

 

Davis' story is one of many emerging across the internet -- some of which are quoted in the full complaint -- but a solution has yet to be found or offered by Nintendo.

 

CSK&D claims that, despite this, 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."

 

The firm described the platform holder's business practices in this matter as "unfair, deceptive and/or fraudulent."

 

The aim of the lawsuit is to "redress [Nintendo's] violations of California consumer fraud statutes, negligent misrepresentation, breach of implied warranty [and] unjust enrichment."

 

Davis is seeking monetary relief, as well as "declatory relief" as to what Switch owners' rights are in this situation.

 

The lawsuit demands a trial by jury.

 

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4 hours ago, Xbob42 said:

Good. It's important to not let companies get away with stuff like this. Especially when they're charging to "repair" it and then it happens again. You've been making controllers for well over 30 years, NIntendo, figure it out.

 

Nintendo makes good choices based on the demands of the market.

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15 hours ago, Xbob42 said:

Good. It's important to not let companies get away with stuff like this. Especially when they're charging to "repair" it and then it happens again. You've been making controllers for well over 30 years, NIntendo, figure it out.

Yup yup. Maybe take a page out of Microsoft's playbook when they had to make good on the "Red Ring of Death" debacle. 

 

Strange that this happened. Like you said, Nintendo has been in this business for decades, and the one of the things you can usually trust about the company is reliable, durable hardware. 

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It's sad - I love the switch, it's such a great concept, executed so well, and the range of software on it is fantastic at this point, but I have been massively disappointed in all the control options. I just replaced the joystick in my right joycon two weeks ago because it was drifting, and the pro controller's only strong point in my view is the battery life - the dpad is trash, which is just a sin on a Nintendo device. 

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2 minutes ago, mo1518 said:

It's sad - I love the switch, it's such a great concept, executed so well, and the range of software on it is fantastic at this point, but I have been massively disappointed in all the control options. I just replaced the joystick in my right joycon two weeks ago because it was drifting, and the pro controller's only strong point in my view is the battery life - the dpad is trash, which is just a sin on a Nintendo device. 

 

If you got a Pro controller at launch apparently a later revision has a better version.

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The worst issue I had with a Nintendo product before the Switch was the 3DS screen being too warm which gives it a yellow tint. 

 

With the Switch, I have a fan that makes an irritating noise, a dock that scratched the unit, and the occasional lost signal from the joycons when playing it in handheld. It’s really disappointing because I think the Switch is a great product, but I don’t use it as much due to its frailty.  It audibly creaks at times when I hold it.  I was really hoping for a Pro announcement. 

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2 hours ago, CastlevaniaNut18 said:

Nintendo typically makes very reliable hardware, not sure what's funny about that. :confused:

You're right no one ever complained about hinge cracking on DS/3DS/3DSXL.  And Nintendo never recalled these very Joycons once before because their Bluetooth antennas were poorly designed.

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2 minutes ago, AbsolutSurgen said:

You're right no one ever complained about hinge cracking on DS/3DS/3DSXL.  And Nintendo never recalled these very Joycons once before because their Bluetooth antennas were poorly designed.

Derrrrrrp! Try reading. They're not perfect, but over the past 35 years of being in the business, their products are generally quite reliable. If you'd actually read, you'd see that's what I said. Compared to the RROD from MS and the YLOD from Sony that was prevalent, Nintendo has done pretty well over the decades.

 

You're kinda like the king of bad arguments across the board.

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8 minutes ago, CastlevaniaNut18 said:

Derrrrrrp! Try reading. They're not perfect, but over the past 35 years of being in the business, their products are generally quite reliable. If you'd actually read, you'd see that's what I said. Compared to the RROD from MS and the YLOD from Sony that was prevalent, Nintendo has done pretty well over the decades.

 

You're kinda like the king of bad arguments across the board.

I wouldn't call any of Sony/MS/Nintendo particularly reliable compared to other consumer electronics I've purchased.

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25 minutes ago, AbsolutSurgen said:

I wouldn't call any of Sony/MS/Nintendo particularly reliable compared to other consumer electronics I've purchased.

I've honestly hardly ever had a system fuck up on me that I've bought new. My fat PS2 stopped reading CDs after a number of years and that's pretty much it. I take care of my stuff and it generally works. My N3DSXL has issues with the paint wearing off where I hold it. More of a cosmetic issue, but whatever. Most stuff typically works if you use it right.

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