Nintendo Class Action Says Switch Joy-Con Controllers Are Defective

A class action lawsuit claims that Nintendo’s Joy-Con Controllers in the Switch gaming systems are defective.

The Nintendo Joy-Con class action lawsuit was filed by Ryan Diaz who says he purchased a Nintendo Switch console and an extra pair of Joy-Con controllers in 2017.

Allegedly, after around 11 months of use, the left joystick on the Joy-Con controllers that came with the console began registering movement without being manually controlled. According to Diaz, this defect made the controllers unusable.

The Nintendo class action asserts that this is a common defect in many Joy-Con controllers. He claims that Nintendo knew or should have known that the controllers were defective, but failed to fix the problem or offer a remedy to customers.

Diaz claims that he was financially injured by the defective controller and Nintendo’s failure to remedy the problem because had he known that the controller would stop working after 11 months, he would not have purchased it or would not have paid as much for.

The Nintendo Switch class action states that many other customers were similarly financially injured, and seeks damages on behalf of the plaintiff and all other similarly affected consumers.

The Nintendo Joy-Con defect class action lawsuit claims that after Diaz began experiencing the drifting problem, he sent the defective controller to Nintendo for repair under his one-year warranty. He says that Nintendo refurbished his controller as part of his warranty, but after only three months, the drifting problem happened again.

The plaintiff states that the left joystick on his extra set of controllers also started to exhibit the same problem after 13 months, but he did not send it in for repairs because it was no longer under warranty.

The Nintendo Joy-Con class action lawsuit asserts that because both of his controllers were defective, he had to purchase two additional left-hand Joy-Con controllers for $45 each.

The Nintendo Switch joystick drift problem class action lawsuit says that Nintendo is aware of the defects but refuses to repair the joysticks without charge when the defect presents itself.

To support the argument that Nintendo is aware of the problem, the Nintendo class action lawsuit points to the fact that many customers have left online reviews about the defect and have contacted the company for repairs.

Diaz asserts that Nintendo should be held liable for causing financial injury to customers. He asserts that Nintendo violated the federal Magnuson-Moss Warranty Act and California’s Song-Beverly Consumer Warranty Act. He also claims that the company violated California consumer fraud statutes and should be held liable for negligent misrepresentation, breach of implied warranty, and unjust enrichment.

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

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

UPDATE: On Sept. 27, 2019, mere days after Nintendo released the new Switch Lite, the game system was added to a class action lawsuit over claims that the controllers possess a defect that causes them to “drift” while being used.

UPDATE 2: On Dec. 2, 2019, 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.

UPDATE 3: 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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