Nintendo Sued Over Manufacturing Defect

Published: Aug. 1, 2019, 3 p.m.

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If you\\u2019re into video games you know that, if the controller doesn\\u2019t work right, then what\\u2019s the point\\u2026

It appears Nintendo users are taking issue with a specific technology that\\u2019s been on the fritz for a while now and a newly filed class action lawsuit is pegging the problem on poor product design.

Last week national law firm CSK&D \\u2013 which specializes in class action suits \\u2013 filed suit against Nintendo over problems with the detachable controller for its Switch product, called Joy-Con.

Apparently, users of Joy-Con \\u2013 a controller than can be used as one device or detached into two pieces, making two controllers \\u2013 have been complaining as far back as 2017 about problems they\\u2019re having with these devices. Joy-Con users have reportedly experienced what\\u2019s referred to as \\u201cdrift\\u201d \\u2013 where the device senses input when there isn\\u2019t any, and so a user\\u2019s video game character could move on the screen without being directed to.

In the lawsuit, Nintendo is being accused of knowing its product features a \\u201cmanufacturing defect\\u201d but failing to disclose it to customers. Even worse, says the suit, the company \\u201croutinely refuses to repair the joysticks\\u201d without charging their customers.

The suit details the saga of one Switch customer, Ryan Diaz, and also supports their complaint by citing scores of online reviews that mention problems with drift. The lawsuit\\u2019s Joy-Con owners hope to recover their \\u201cout-of-pocket expenses related to repairs and/or replacement\\u201d and are demanding a jury trial to further pursue the complaint.

At the time of the filing, Nintendo told Business Insider it was aware of the issues and encouraged users who were experiencing problems to visit its website for support.

But after a few days of bad publicity, the company may have cracked. Wired reported that Nintendo says it will \\u201crevise their customer service procedures\\u201d and plans to repair affected units for free, whether or not the warrantees are still intact.

No word yet on how that might impact the legal proceedings, but it\\u2019s a start\\u2026

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