Another update to the never-ending Joy-Con drift debacle sees the class action lawsuit brought up against Nintendo dropped by the US District Court of Illinois. The case, filed by Zachary Vergara, began last year in small claims court, in hopes of bypassing the requirement to arbitrate the dispute. The case was later brought to a federal court, where Nintendo defended themselves by claiming that any consumer that purchases their hardware agrees to their end-user license, which protects them from such lawsuits and instead requires legal disputes to go through full arbitration. The judge presiding over the case came to the conclusion that Vergara must take his lawsuit to an arbitrator to confirm if his case can go through federal court, or if Nintendo's EULA requires full arbitration. While Nintendo won out in this instance, the judge told Vergara that he can bring his case back to court should the arbitrator decide that the Joy-Con lawsuit doesn't have a need for arbitration.

An Illinois man must arbitrate his claim that Nintendo of America Inc. sold defective controllers with its Switch game systems, a federal court in the state said Thursday.

Zachary Vergara entered into a valid arbitration agreement with Nintendo, and whether his claim falls within its scope is for an arbitrator to decide, the U.S. District Court for the Northern District of Illinois said.

Source

 

[ShadowOne333]

Nintendo defended themselves by claiming that any consumer that purchases their hardware agrees to their end-user license, which protects them from such lawsuits.

Oh wow. Nintendo just keeps getting more douche by the day.
Why even have guarantees then?
Fucking assholes, I hope this lawsuit pushes through, no matter how long it takes.

 

[2Hack]

Oh wow. Nintendo just keeps getting more douche by the day.

At least they have the shittiest security allowing for hacks on hacks to happen. Every other console is more or less airtight

 

[pedro702]

this will take years now, we will move onto switch sucessor before anything comes of this lol.

 

[x65943]

Oh wow. Nintendo just keeps getting more douche by the day.

I mean, the drift if super annoying. But they now offer to fix drift free of charge right?

 

[FAST6191]

Oh wow. Nintendo just keeps getting more douche by the day.

It is a pretty common clause in tech company agreements these days (along with not joining class actions), though I would agree it is a dick move and takes away a very useful tool in the arsenal of consumers.

Do a search for arbitration in
Steam
https://store.steampowered.com/subscriber_agreement/#11
Sony
https://www.playstation.com/en-us/network/legal/terms-of-service/ (second paragraph, still in bold)
Microsoft
https://www.microsoft.com/en-us/legal/arbitration/xbox-live.aspx
https://www.microsoft.com/en-us/legal/arbitration
Ubisoft
Not sure where it is right now in their terms of use but they do provide an arbitration page
https://legal.ubi.com/NoticeOfDispute/en-US
https://legal.ubi.com/termsofuse/en-US
https://legal.ubi.com/en-US
EA (second paragraph to begin with)
https://tos.ea.com/legalapp/WEBTERMS/US/en/PC/
Epic (point 2)
https://www.epicgames.com/site/en-US/tos
also point 3 in
https://www.epicgames.com/fortnite/en-US/eula
2k games
http://simpleeulas.weebly.com/2k-games-eula.html

I could go on for a while like this.

 

[ShadowOne333]

this will take years now, we will move onto switch sucessor before anything comes of this lol.

Still though, their dubious practices have to be put into place, and no better place to do it than in their pockets.

I still hope the lawsuit falls in favour the lawfirm, beause let's be honest, Nintendo is really abusing their power here.

 

[Bladexdsl]

nintendo gets away with it yet a fucking again

 

[ShadowOne333]

I mean, the drift if super annoying. But they now offer to fix drift free of charge right?

They don't fix it.
I sent two joycons for repairs.
All they do is replace the joysticks, nothing else.

And the joysticks aren't revised versions, so they WILL get drift too.
Mine's got the drift after being back from repair a mere week after.

It's obvious they are just doing this shit to bypass lawsuits.

 

[SG854]

This is stupid. I'm suffering from joy con drift right now. We need to be compensated.

 

[Xzi]

I mean, the drift if super annoying. But they now offer to fix drift free of charge right?

Yeah, wasn't that the primary complaint in this suit anyway? That they weren't offering free repairs? But now they are so...

 

[JuanMena]

Nintendo... now I don't feel so sad about your FUCKING MASSIVE LEAKS

 

[ShadowOne333]

Yeah, wasn't that the primary complaint in this suit anyway? That they weren't offering free repairs? But now they are so...

They started offering free repairs for it AFTER the lawsuit was processed and being headlines.
It's the way of Nintendo to bypass being sued.

Also, read my post above. They aren't fixing them, just replacing the sticks.

 

[Xzi]

They started offering free repairs for it AFTER the lawsuit was processed and being headlines.
It's the way of Nintendo to bypass being sued.

Also, read my post above. They aren't fixing them, just replacing the sticks.

Hmm, fair enough. I was one of the lucky ones, no drift at all, and once the Hori splitpad pro came out, I stopped using my joy cons altogether.

 

[Tigran]

Considering all joysticks that fit in a normal joycon will eventually drift, and this comes from other sellers.. It looks like it's a problem with the literal joysticks. Probably NOT something that can be taken care of with their size.

 

[Teletron1]

this is utter bs selling faulty electronics is downright criminal my new joy-cons didn't even last 3 months before drifting and the repair process is even worse you don't get your joy-cons back you get a different set and not even the same color

 

[IC_]

I mean, the drift if super annoying. But they now offer to fix drift free of charge right?

Well they had to hear the word "lawsuit" before they started doing it

 

[Deleted User]

Considering all joysticks that fit in a normal joycon will eventually drift, and this comes from other sellers.. It looks like it's a problem with the literal joysticks. Probably NOT something that can be taken care of with their size.

ps vita

 

[Manurocker95]

I mean, the drift if super annoying. But they now offer to fix drift free of charge right?

In Spain you need to pay 40 bucks per joycon out of warranty so... no

 

[raaamesh]

havent come across drift yet (knock on wood) mayb cause i use a pad with the thing docked. how much use for drift to happen