Nintendo Joy-Con lawsuit could have children as plaintiffs

After a court ruling declared two mothers unable to file a class action lawsuit, his future may now depend on their children suing Nintendo.


nintendo has a habit of giving people good childhood memories through the games he produces. From the first generation of Pokemon games even modern titles like Kirby and the Forgotten Land, Nintendo has often prided itself on prioritizing fun in its games. Even with fun at the heart of its marketing message, some gamers have taken issue with Nintendo as a company. Nintendo’s protection of its software and intellectual property, for example, has been criticized as going too far, especially for YouTubers who may end up with their videos removed for using Nintendo’s gameplay or soundtracks.


Along with being overly protective of its IP, Nintendo has also faced some serious criticism over the Switch, its latest console. Specifically, there’s an issue with the Switch’s hardware causing joy-cons to drift, causing cursors and characters to move around without player direction. The drift was excused by Nintendo as being similar to car tires showing wear over time. However, some Nintendo customers remain totally unhappy with the company. Two American mothers recently sought to take on the gambling giant in court, despite being ruled they could not bring a class action lawsuit against the company.

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This is because the mothers agree to the End User License Agreement (EULA) that the Switch presents to new users. The EULA includes the arbitration clause and a waiver to pursue class actions against Nintendo. However, the EULA also states that it must be accepted by someone over the age of 18, leading mothers who brought the case against Nintendo to now ask for the case to be reopened on behalf of their children, who are under 18 years old. 18 and is therefore not bound by the EULA.


Nintendo hit back at the idea that the kids could sue the company, saying that since the kids didn’t buy the Nintendo Switch in question, they can’t claim recognizable harm. Yet the mothers in question who started the Sanchez et. Al.v. Nintendo of America intends to continue. This is by no means the first lawsuit Nintendo has faced over joy-con drift, as Switch users have been complaining about faulty controllers and seeking to sue for years, leading to an apology. from Nintendo’s CEO in 2020.

The issue of the children who could sue Nintendo will be brought before a federal judge in California on Thursday, although there is no confirmation that the lawsuit will be able to proceed. Even though the case continues, joy-con drift is still proving to be a problem for many Switch owners, as even the new OLED Switch is susceptible to controller issues after prolonged use.

MORE: Nintendo Switch Joy-Con Drift Lawsuits Explained

Source: Axios

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