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. Amylee says:

    YES! I had to purchase extra Joy cons for it. Now the switch wont read SD card that was already inserted

  2. Tracy B says:

    Add me

  3. Sean says:

    I have had the same problem with two sets of controllers.

    IM IN

  4. Vivian Moore says:

    Add me

  5. jennifer bowen says:

    please add me my kid got one for chrismas and if theres some thing not right with it i think that the person who got it for my kid should get there money back

  6. maria says:

    Yes we have delt witb this with my son switch and issues for game card issues too.

  7. C E says:

    These devices are cost $450-$525 plus the accessories! They need to fix the problem instead of PROFITING OFF OF US!

  8. Vicky Gamble says:

    We have went thru 8 controllers in one year.

  9. TAMMIE D BROWN says:

    Please add me

  10. Eric Vasquez says:

    I have also experienced this. I just bought a brand new Pro Controller, and it happened again the very same day. Very annoying. Nintendo needs to step it up. I have been a loyal fan of the franchise since I was a child(30+ years), so this is very disappointing. Hopefully the next gen Switch will resolve this issue.

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