Nintendo ‘Joy-Con Drift’ Class Action May Proceed With Minors As Plaintiffs

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Nintendo Switch “Joy-Con Drift” Class Action Lawsuit Overview: 

• Who: Luz Sanchez and Dolly Vierra are asking a judge to let their children proceed with a class action lawsuit filed against Nintendo of America. 
• Why: Sanchez and Vierra argue their children should be able to file a claim against Nintendo since, as minors, they aren’t bound by its End User License Agreement.
• Where: The class action lawsuit was filed in California federal court.

The future of a class action lawsuit lobbied against Nintendo will depend on whether children are eligible to make claims against the video game company.

Plaintiffs Luz Sanchez and Dolly Vierra claim, in a complaint put on hold last year, that Nintendo sells its Switch devices with defective controllers that malfunction and begin to automatically drift in one direction after a period of use, TechSpot reports. 

The issue, which has been dubbed the “Joy-Con drift,” has triggered numerous class action lawsuits against Nintendo, causing the company to issue a 2020 apology and implement a free repair program. 

“We are aware of recent reports that some Joy-Con controllers are not responding correctly. We want our consumers to have fun with Nintendo Switch, and if anything falls short of this goal we always encourage them to visit http://support.nintendo.com so we can help,” the company said at the time.

Sanchez and Vierra’s claims, however, have been barred by an arbitrator, who determined the two mothers can’t proceed with the case since they weren’t the ones who agreed to its End User License Agreement (EULA), Axios reports.  

Nintendo Switch Users Must Digitally Agree To Its EULA To Use

The EULA, which Nintendo Switch owners must digitally agree to, includes an arbitration clause and a waiver revolving around potential class action lawsuits that curbs any relief. 

Nintendo’s EULA agreement also stipulates that the person accepting it must be over the age of 18. 

Sanchez and Vierra argue that, if they themselves aren’t able to file a complaint, their minor children cannot be bound to the EULA and should therefore be able to make a claim against Nintendo, Axios reports. 

Nintendo, however, argues the children do not have any standing to file a claim since they didn’t purchase the device and cannot allege they suffered any cognizable harm.

Multiple class action lawsuits have been filed against Nintendo over the Joy-Con drift issue, including by a consumer in Canada who claims they would not have paid as much for the device if they knew about the defect, and an American consumer who claims the defect made their controller “unusable.” 

Do you own a Nintendo Switch console with a controller that drifts in one direction? Let us know in the comments!

The Nintendo Switch Joy-Con Drift Class Action Lawsuit is Sanchez, et al. v. Nintendo of America, Case No. 3:20-cv-06929, in the U.S. District Court for the Northern District of California.

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