Nintendo Switch Class Action Says Joy-Con Controllers Are Defective

According to a recent Nintendo class action lawsuit, Switch Joy-Con controllers are equipped with defective joysticks that affect gameplay.

Plaintiff Gillian Carusone claims that the Joy-Con controllers that come with the Nintendo Switch have a defect that results in “drifting,” where the joystick moves or activates on its own.

This allegedly results in the controllers “manipulating game play without manual operation by the user.”

“This defect affects the video game play on the device and thus compromises the Switch and Joy-Con controller’s core functionality,” the Nintendo class action lawsuit claims.

Carusone reportedly purchased a Nintendo Switch in July 2017 and received two Joy-Con controllers as a part of the system. After 22 months, Carusone’s left joystick reportedly started drifting which caused problems during usage.

Nintendo reportedly only offers a one year warranty on their Joy-Con controllers, so to remedy the issue, Carusone was forced to purchase an entire new set of Joy-Con controllers for $69.

“Plaintiff’s experiences are by no means isolated or outlying occurrences,” the Nintendo Joy-Con class action claims. “Indeed, the internet is replete with examples of message boards and other websites where consumers have complained of the exact same Joy-Con defect.”

Nintendo is allegedly aware of the Joy-Con controller defect due to the influx of consumer complaints online and those made directly to the manufacturer.

The manufacturer’s customer service support page reportedly features links to “Joy-Con Repair Setup,” “Joy-Con Troubleshooting,” and “JoyCon Control Sticks Are Not Responding or Respond Incorrectly” on its front page.

Carusone argues that this indicates Nintendo is aware of the numerous consumers who are frustrated with their Joy-Con controllers.

Despite being aware of the problem, Nintendo allegedly fails to disclose the defect to consumers and reportedly makes consumers pay to repair the defect. Even when consumers contact Nintendo directly, the gaming company allegedly “refuses to offer any sort of fix free of charge when the Joy-Cons are outside of warranty.”

“Despite knowing about the Joy-Con defect, Defendant continues to market and sell the Switch and Joy-Con controllers (through third-party retailers) without disclosing the defect,” the Nintendo class action claims. “Defendant could easily disclose the defect to potential consumers in any number of ways, including on the product’s packaging or its set-up screen.”

Nintendo faces similar claims in another Joy-Con class action lawsuit. The complaint, filed in Washington federal court, includes claims of negligent misrepresentation, breach of implied warranty, unjust enrichment, as well as violation of the federal Magnuson-Moss Warranty Act and California’s Song-Beverly Consumer Warranty Act.

Carusone seeks to represent a Class of Alabama consumers who purchased a Nintendo Switch console or Joy-Con controllers.

The Nintendo Joy-Con class action lawsuit seeks injunctive relief (recall or free replacement program), equitable relief (buyback of devices), punitive damages, restitution, disgorgement, penalties, court costs, and attorneys’ fees.

Carusone is represented by Eric J. Artrip of Mastando & Artrip LLC.

The Nintendo Switch Joy-Con Class Action Lawsuit is Carusone v. Nintendo of America Inc., Case No. 5:19-cv-01183-HNJ, in the U.S. District Court for the Northern District of Alabama.

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