Nintendo has to face another class action lawsuit in the US because of the technical problem known as "Joy-Con-Drift". A detailed analysis by experts serves as the basis of the lawsuit.
Shortly after the release of the Nintendo Switch, there were the first complaints about problems with the Joy-Cons. The phenomenon was called "Joy-Con-Drift" known, this is specifically a problem with the analog sticks, which often start to move the character or pointer after a few months without the player touching the sticks.
After a first lawsuit in 2019, Nintendo started offering free repairs, but the problem was also returns with repaired Joy-Cons and Nintendo does not allow dozens of free repairs, costs for gamers eventually follow.
A new class action lawsuit is now targeting these technical problems. The Application In addition to the assessments of experts, there are also pictures of the individual parts that are supposed to be responsible for the technical problem. Simply put, the problem arises through Wear of two components rubbing against each other of the Joy-Con, which transmit the movement of the stick by the player to the controller. One part made of rather soft carbon, the other made of hard steel, is worn out, even shown in the lawsuit by images from an electron microscope.
The plaintiff's lawyers describe how the problem recurs again and again after the first repair and how the fourth pair of Joy-Cons are already in use. The "Joy-Con-Drift" continuously causes costs for the players, even though Nintendo is aware of the problem.
Should the class action be successful, it would a ruling will apply to all Nintendo customers in the USwho suffer from the facts negotiated. This means that nobody has to sue for themselves any more, but only has to provide evidence that they belong to the damaged group.
This group concern does not exist in German law. Every plaintiff has to present and prove his individual concern himself. In Germany, however, so-called model declaratory actions follow a similar principle, in which registered consumer protection associations can prove and assert claims on behalf of at least ten consumers.
Such processes, if it comes to one, can drag on for years.