Christina Spicer  |  January 21, 2021

Category: Electronics

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A Nintendo Switch class action lawsuit has been filed in Canada

Nintendo Switch is the subject of another class action lawsuit alleging a defect dubbed the “Joy-Con drift,” this one filed by a plaintiff in Canada.

Kelly-Ann St. Laurent, lead plaintiff, claims that she would not have bought or paid so much for the gaming system if she knew about the defect. She’s looking for other Quebec consumers who bought the regular Nintendo Switch or the Nintendo Switch Lite gaming system to join the class action lawsuit, along with consumers who purchased Joy-Con and Nintendo Switch Pro controllers.

This class action lawsuit is pending certification by a Canadian judge, according to the plaintiff’s lawyer. Top Class Actions is committed to helping right consumer wrongs by reporting on lawsuits filed over defective devices. We’ll follow the story and let you know if a settlement is reached.

What is the Nintendo Switch Joy-Con Drift?

The Joy-Con drift is a problem with the controller’s analog stick that causes the game to move on its own, according to WCCFTech. The problem reportedly “frequently affects” the left side of the “itty-bitty detachable controllers” so much so that users have turned to the internet for solutions.

Nintendo has failed to give consumers a permanent fix to the problem, according to the Nintendo Switch Joy-Con drift class action lawsuit. The game maker will offer to fix the problem for free or offer free or cheap Joy-Con replacements, but these solutions are only temporary.

The plaintiff claims that the replacements she received from Nintendo, after her initial controllers malfunctioned, also developed the Joy-Con drift within two months of use.

Joy-Con Drift Not a New Problem

This is not the first Nintendo Switch class action lawsuit filed over the alleged Joy-Con drift defect. In 2019, a plaintiff in the state of Washington filed a class action lawsuit asserting that Nintendo knew of the problem, but failed to take any action or warn consumers.

In fact, just last month industry publication Polygon reportedly asked the president of the American division of Nintendo about the Joy-Con drift and if anything was being done to fix the problem long-term. In response, the president mentioned company inspections of repairs and that Nintendo was trying to get a better handle on the problem, but didn’t offer any details.

Do you own a Nintendo Switch? Have you had the reported Joy-Con drift problem? Tell us about your experience in the comment section below.

The lead plaintiff, Kelly-Ann St. Laurent, and proposed Class Members are represented by Lambert Avocat Inc.

The Nintendo Switch Class Action Lawsuit is St. Laurent v. Nintendo of Canada, Ltd., Case No. 500-06-001122-213 in the Province of Quebec, District of Montreal, Canada.

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142 thoughts onNintendo Switch ‘Joy-Con Drift’ Sparks Another Class Action Lawsuit

  1. Sunny says:

    Add me please. I purchased this console as an adult and have taken very good care of it keeping it in a case for traveling and in its stand in a cupboard at home. I am not rough on my joysticks and still experienced the drift on both sticks. Have been told by two other people my sister and best friend who purchased this console as adults have the same problem. I know they are as meticulous as I in the care of consoles. I read nintendo is trying to say that only kids experience this problem and can’t file lawsuits because off their lack of mental maturity, but that is simply not true. Joy con drift is inevitable.

  2. Noel Fletcher says:

    My older brother has had the Switch since launch and has had the issue severely with multiple pairs. I have the issue intermittently on the left joy-con, usually in the up/forward direction. My Switch isn’t even that heavily used. I also had a PowerA Switch GameCube-style Pro Controller that had severe drift quickly. Ended up selling it on Ebay “for parts” for a fraction of what I bought it for. I have never had this issue on my Xbox One controller.

  3. Mario says:

    As I sit typing, my character on a game on the Nintendo switch is walking in circles all by itself due to joycon drift. Its really hard to walk because the camera angle keeps circling around my character. This is the second controller I’ve had a problem with. The aftermarket powerA nano controller has the same problem. Everyone is trashing them.

  4. Brandon Ryan says:

    Definitely have had issues with this. Lost a couple joy-cons this way

  5. Nicole Wanzer says:

    Add me please

  6. D D says:

    Add me, please. I have experienced this as well.

  7. Mary Dennis says:

    I purchased a Nintendo for my son in 2019 and have replaced the joystick two times already please add me

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