Gamers Fight Bid To Arbitrate Nintendo Switch Class Action

Nintendo Switch owners are fighting a bid to send their joystick defect class action lawsuit to arbitration, arguing that the arbitration clause doesn’t apply in this situation.

Nintendo had attempted to send the joystick class action lawsuit into arbitration, saying that customers could not seek injunctive relief because they had agreed to a licensing agreement that would require claims to be settled in arbitration. 

However, the Nintendo Switch players claim that the arbitration clause in the licensing agreement is not valid, because California law makes it unenforceable.

The customers noted that the arbitration clause itself states that if state law determines the clause to be unenforceable, the clause is void. According to the Nintendo players, this does apply in regards to California law, so customers should not be bound by it.

The Nintendo Switch class action lawsuit was filed by Ryan Diaz in July. He claimed that the Joy-Con joysticks possess a common defect that causes them to register movement that is not intended by the user. Allegedly, this defect manifests after normal use. He describes this defect as having a “drift” effect and says that it makes the controllers unusable.

In protesting Nintendo’s attempt to move the Nintendo class action lawsuit into arbitration, the customers stated that if the arbitration clause could be enforced, it would not apply to all of the controllers at issue in the class action lawsuit. According to the gamers, the arbitration clause would only apply to controllers sold with the Switch system. 

However, the Nintendo customers went on to argue that the clause would not apply to controllers that are sold separately, noting that the joystick drift class action lawsuit applies to both kinds of controllers.

In an additional attempt to save their joystick defect class action lawsuit, customers argued that if the court does decide to send the claims into arbitration, the claims should not be subsequently dismissed but should instead be granted a stay, leaving the joystick defect class action lawsuit as pending. 

The Nintendo Switch Joy-Con stick class action lawsuit has previously gone through several developments. The Nintendo Switch Lite was added to the list of defective controllers brought forward in the Nintendo class action lawsuit, after customers made online complaints about drifting problems with the Nintendo Switch Lite. Allegedly, problems with the Switch Lite began after mere hours of use but the defect manifested at different times with other controllers.

The Nintendo joystick class action lawsuit was expanded to include all models of Nintendo Switch game systems.

Have you experienced the Nintendo Switch joystick drift? Share your experience with us in the comments below.

The customers are represented by Kim D. Stephens, Jason T. Dennett, and Kaleight N.B. Powell of Tousley Brain Stephens PLLC and Benjamin F. Johns, Andrew W. Ferich and Alex M. Kashurba of Chimicles Schwartz Kriner & Donaldson-Smith LLP.

The Nintendo Joystick Switch Defect Class Action Lawsuit is Ryan Diaz, et al. v. Nintendo of America Inc., Case No. 2:19-cv-01116-TSZ, in the U.S. District Court for the Western District of Washington at Seattle.

UPDATE: On March 2, 2020, a federal judge in Washington rejected Nintendo’s request to have a Nintendo Switch console defect class action lawsuit dismissed.

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