On January 15th, 2021, our firm filed an application to be authorized to bring a class action against Nintendo. This application seeks to obtain a compensation for all Québec consumers who bought the Nintendo Switch™ and Nintendo Switch™ Lite gaming systems, as well as Joy-Con™ and Nintendo Switch Pro controllers.
Our client’s story
In November 2017, our client bought a Nintendo Switch™ gaming system.
After 11 months of using it, she noticed that her left Joy-Con™ controller was defective. Her character would move in a direction without her input, a problem known as the « Joy-Con Drift ».
She then noticed that the problem persisted in other games as well as when navigating in the main menu.
Our client then contacted Nintendo and sent her left controller to Nintendo’s factory for repair. However, two months after receiving it, she noticed the same problem with the right controller, then with the second pair of Joy-Con controllers she purchased, as well as her Nintendo Switch Pro controller.
Our client finds that this defect seriously compromises the basic function of the controllers and prevents her from correctly using her gaming system.
Under the Consumer Protection Act, goods purchased must be fit for the purposes for which goods of that kind are ordinarily used and must be durable in normal use for a reasonable length of time, having regard to their price and the conditions of their use.
The « Joy-Con Drift » constitutes an important, serious and hidden defect, because:
- the consumers wouldn’t have brought the defective gaming systems or controllers or wouldn’t have paid such high price, had they known their reduced product lifespan because of the defect;
- the defect prevents the products in performing a function for which they were bought for and causes inconvenience to consumers;
- the defect was not revealed by Nintendo;
- the consumers were not able to detect the default through an ordinary examination of the products.
Hence, Nintendo failed to mention an important fact in a representation made to a consumer: the quality of its products, which is a key element likely to affect the consumer’s informed decision in purchasing a product.
All persons residing in Québec who bought the Nintendo Switch™ and Nintendo Switch™ Lite gaming systems, as well as Joy-Con™ and Nintendo Switch Pro controllers since August 1st, 2017.
Applications filed to the Court
Current state of the case
Awaiting authorization from a Superior court judge.
Please use the following form to join and follow the latest news about this class action.
We highly recommend that you keep all proofs of purchase of the products, the defective products, as well as emails requesting or confirming repair.
We also invite you to send us all relevant documents, such as video recordings.
Notice : By submitting your information to us via the registration form above, you are not creating an attorney-client relationship with our firm nor committing to pay any lawyer fees.
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