Joy-Con drift class action lawsuit dropped by Illinois court, must be judged by arbitrator

s-l400.jpg

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.

:arrow: Source
 

ShadowOne333

QVID PRO QVO
Editorial Team
Joined
Jan 17, 2013
Messages
12,184
Trophies
2
XP
33,690
Country
Mexico
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.
 
Last edited by ShadowOne333,

x65943

i can be your sega dreamcast or sega nightmarecast
Supervisor
GBAtemp Patron
Joined
Jun 23, 2014
Messages
6,230
Trophies
3
Location
ΗΠΑ
XP
26,431
Country
United States
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

Techromancer
Editorial Team
Joined
Nov 21, 2005
Messages
36,798
Trophies
3
XP
28,321
Country
United Kingdom
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

QVID PRO QVO
Editorial Team
Joined
Jan 17, 2013
Messages
12,184
Trophies
2
XP
33,690
Country
Mexico
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.
 

ShadowOne333

QVID PRO QVO
Editorial Team
Joined
Jan 17, 2013
Messages
12,184
Trophies
2
XP
33,690
Country
Mexico
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.
 

ShadowOne333

QVID PRO QVO
Editorial Team
Joined
Jan 17, 2013
Messages
12,184
Trophies
2
XP
33,690
Country
Mexico
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

Time to fly, 621
Member
Joined
Dec 26, 2013
Messages
17,736
Trophies
3
Location
The Lands Between
Website
gbatemp.net
XP
8,534
Country
United States
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.
 
Last edited by Xzi,
  • Like
Reactions: ShadowOne333

Tigran

Well-Known Member
Member
Joined
Nov 6, 2002
Messages
1,628
Trophies
2
XP
3,677
Country
United States
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.
 

raaamesh

Well-Known Member
Newcomer
Joined
Aug 8, 2005
Messages
60
Trophies
1
XP
816
Country
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
 

Site & Scene News

Popular threads in this forum

General chit-chat
Help Users
  • No one is chatting at the moment.
    I @ idonthave: :)