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. Ryan Bedley says:

    Made my switch unplayable undocked. I have to buy a cheap control just to play docked. Now the console I bought for on-the-go playing is reduced to an at home console.

    There is a way to clean the analogs, but that only gives you a week off your lucky without issues. After my third cleaning it didn’t last an hour of paying before the drifting started again.

    How can I get these replacements?

  2. Christina Champlain says:

    I have this same issue and I didn’t even know I could get it fixed! It’s so irritating when my characters just start moving even when I’m not touching the joycon!

    1. Richard G Bumbaugh says:

      I have the same issue omg and same here I didn’t know it’s fixable .can I have details

  3. LAURAN F HOPPER says:

    Add me please!

  4. Marjorie Augen says:

    Add me please

  5. Andy says:

    This has become rediculas. I have 5 sets and have only had the switch a year. I got it for my son and within 2 to 3 months there’s issues with either the sensor or Joycons every single time. The US needs to do a class action and we should be reimbursed for the fact that we have to buy new ( way overpriced) controllers just to play the games. And then to have to buy new ones. I’ve even tried different brands to see if they got it right. But 5 are Nintendo Joycons and 3 others are other companies. All have the same problems. So far the 3rd party company lasts longer than actual nintendo switch Joycons when it comes to drift. When you have kids that this was advertised to as a game they could take on the road they want to play anywhere and the controller that’s supposed to be a knock off of xbox doesn’t work well when traveling and has its own issues as well, (especially drifting too). This needs to be made right and fixed or be refunded!! I’ll never buy another product from them if they don’t make this right.

  6. William Bean says:

    I both of my sons a Nintendo switch when it first came out and have to replace the joy cons because of the drift problems multiple times for each console over the years. They did not make the fixing joy com option widely known so I didn’t even know about it but regardless, they know it’s an issue and why it hasn’t been fixed over the years shows a lack of caring about the after sale support.

  7. Shonta Chapman says:

    My daughters switch does this and its aggravating. Spend $300 plus on a defective gaming system ?I bought a ps4 just so she can play fortnite. This is ridiculous and something besides a replacement needs to be done!!!!

  8. James Thomas says:

    Same issues. Although there are some short term fixes it’s still uncalled for

  9. CHAKIRA HOLLINGSWORTH says:

    Add me please my kids are having the same issue

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