Nintendo of America finds itself staring downanotherproposed class action filed over the alleged “drifting” defect affecting its Joy-Con controllers for the Switch handheld gaming system.
Filed in Alabama district court, the lawsuit explains the apparent defect can result in a controller’s joystick moving or activating on its own—“drifting”—and thereby manipulate gameplay without a user’s manual operation. The core allegation in the case is that the alleged Joy-Con defect compromises the Switch’s core functionality in that it affects gameplay on the device.
According to the complaint, Nintendo, despite being made aware of the defect through a bevy of online consumer complaints and pre-release testing, has failed to disclose the defect. Though the lawsuit claims the company routinely refuses to repair the issue, reports this week sayNintendo will in fact repair Joy-Con controllers free of charge, as well as refund anyone who previously paid to have theirs repaired.
Per the plaintiff, the suit says the woman purchased a Switch console in July 2017. After roughly 22 months of use, the case alleges, the joystick on the Joy-Con controllers began drifting without being manually controlled.
The case looks to certify a class of consumers in Alabama who bought a Nintendo Switch console or the Joy-Con controllers.