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

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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.

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The Real Jdbye

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Damn it, it shouldn't be legal to just put a clause in your EULA saying you can't be sued. If they've done wrong they should answer for it. I hope he wins through with this.
I don't care about getting 10 bucks back (probably not gonna be more than that, maybe less), I mostly just want them to own up, come up with a revised version that doesn't have this issue (maybe they can use another material than graphite, IDK) or at least doesn't suffer from it within as little as a few months of purchase in the case of my cousin. Then offer free repairs to anyone that suffers from it including those out of warranty (which I think they might already do, but it's not much of a repair currently as it doesn't fix the underlying issue)

One thing is for sure. If he wins through with this, they won't be able to just keep selling the same faulty JoyCons, they'll have to do something about it as the court would not likely allow them to continue selling the same faulty product they just got sued for.
 
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Clydefrosch

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its never going to go anywhere anyways.
you have warranty for actually defective units. in the us, you actually get warranty beyond warranty.
drift doesn't happen to everyone so it's hard to argue the controllers are by default defective.

also, since drift happens to every controller on the market, it's silly to single out nintendo for this.

--------------------- MERGED ---------------------------

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

wd 40 contact cleaner

or replace them with 5$ replacement sticks.

both much cheaper options
 
D

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the year is 2030: the only company left making game consoles is sony. Microsoft gave up and Nintendo died for being too bitchy
 
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HaloEffect17

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At least they have the shittiest security allowing for hacks on hacks to happen. Every other console is more or less airtight
I think that's also because there are just a lot more Nintendo versed hackers out there passionate about finding the exploits. I bet if the PS4 garnered as much attention in the homebrew scene, we'd see latest backups on it in some capacity as well. Heck, it's kinda there on lower firmwares.
 

Ferris1000

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The Money Nintendo spend for isn't for making a better console, they spend their Money for the best Layers to make more Money out of poor People.
Quality sucks? Nintendo doesn't care, Layers updates the EULA and TOS
Your Console OS Bricked without any Reason (Wii/Wii U)? Better don't have a Recovery Menu to let Nintendo repair it for you to make more Money.
Bad Security? Nintendo doesn't care, everybody who are using exploits getting sued Nintendo
Lost Source Code or Game Roms? Nintendo doesn't Care about buying more Storrage, Some Customer Backed it up and Upleaded it to some nice Rome sites, if Nintendo needs the Rom to make Money the Download the Files, use them for their Crap Emulators (Wii Ware, VC etc.) and sue the Uploader as Thank you for lost prevention and make more More Money with the Rom as VC and in Court at the same Time
Prices for Games are to High? Please Upload Roms, Nintendo gonna sue you because you can't aford buying the Games and make you more poor than you already are
Your Console is Broken? Nintendo have such good Prices, you wan't to by a New Console instead.

I don't like what kinda Company Nintendo became, they used to be nicer to Customer and Care but these says they think Layers rules the world.
I guess they make more Money with Cort Cases, without Layers Nintendo would be out of Business already.
 

LightBeam

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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.
Dude that's insane. You are better off replacing it yourself with some dumb chinese replica, I've done it twice and it works great. But how is that normal ? Can't believe we live in a day where you have to fix yourself your nintendo controllers because Nintendo wouldn't dare just changing the joysticks.
 

ShadowOne333

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Dude that's insane. You are better off replacing it yourself with some dumb chinese replica, I've done it twice and it works great. But how is that normal ? Can't believe we live in a day where you have to fix yourself your nintendo controllers because Nintendo wouldn't dare just changing the joysticks.
That's what I ended up doing. Fixing it myself.
Nintendo is nothing but a bunch of incompetent greedy assholes, and it shows... awfully.

I kid you not, when I got them back, the drifting was WORSE than when I sent them to repair.
After getting them back, the drifting was SO bad that not only did the characters move on their own...
But the whole direction of the character was inversed.

I was playing Link's Awakening, moving Link to the right with the analog stick, and without making any movement on the stick other than pushing it to the right all the way, I noticed that Link slowly decreased his speed until he came to a full stop (while still holding right on the stick).
After the full stop, Link started moving to the LEFT while I was still holding right on the stick.

Seriously, Nintendo REALLY needs to be fucking put in place legally.
They need a dose of their suing medicine they so much love.

Oh and the Joycon drift is just one if the many rampant issues.
There's also the Joycon low reception, battery desync, dock scratching and overheating the console, dock getting random errors that end up not charging nor displaying the TV output, and SO much more.
Don't forget they intentionally released a firmware update that made 3rd party docks brick the console too.

Anyone still defending Nintendo are either mindless sheeps or flat out braindead.
They keep treating fans and costumers like shit, and that's without talking about fangames and the whole ROMs deal.
I will go full on PC after this gen and emulate everything from them, I will not pay them a cent anymore.
 
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TesseractStorm

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And this is why arbitration clauses on a consumer level should be outlawed. Arbitration was designed and meant for business to business matters where the parties are equivalent. It's use in consumer agreements is solely to deny consumers the ability to seek a class action they would otherwise be entitled to. It puts things back to one man against the legal weight of a whole corporation instead of a whole class of people seeking redress.
 

LightBeam

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That's what I ended up doing. Fixing it myself.
Nintendo is nothing but a bunch of incompetent greedy assholes, and it shows... awfully.

I kid you not, when I got them back, the drifting was WORSE than when I sent them to repair.
After getting them back, the drifting was SO bad that not only did the characters move on their own...
But the whole direction of the character was inversed.

I was playing Link's Awakening, moving Link to the right with the analog stick, and without making any movement on the stick other than pushing it to the right all the way, I noticed that Link slowly decreased his speed until he came to a full stop (while still holding right on the stick).
After the full stop, Link started moving to the LEFT while I was still holding right on the stick.

Seriously, Nintendo REALLY needs to be fucking put in place legally.
They need a dose of their suing medicine they so much love.

Oh and the Joycon drift is just one if the many rampant issues.
There's also the Joycon low reception, battery desync, dock scratching and overheating the console, dock getting random errors that end up not charging nor displaying the TV output, and SO much more.
Don't forget they intentionally released a firmware update that made 3rd party docks brick the console too.

Anyone still defending Nintendo are either mindless sheeps or flat out braindead.
They keep treating fans and costumers like shit, and that's without talking about fangames and the whole ROMs deal.
I will go full on PC after this gen and emulate everything from them, I will not pay them a cent anymore.
Still have the dock scratching, Idk how to repair it myself as the console is out of warranty but I've heard they fixed eventually by just adding like 2 millimeters for the console, how can you fuck something that up ? Aren't you supposed to test your console ? Anyway I've just stuck a thin layer of bubblewrap, idk if it does the trick but it's still awful to have to fix the console yourself.
And what about the 3rd party docks ? Do they still brick the console ? Back in the time it was new I've heard it was maybe because of the chargers used that needed to be official, now even on Amazon you can see only a few of chargers that claim to be able to act like the official one and people do seem to be pretty happy with those but they are using the official docks, but there are not people trying the 3rd party docks anymore as people seem to have forgotten about it ... I think it would be cool to know if it's possible to have some other docks without paying a hundred bucks for a stupid plastic block with an usb c port.

Also, remember about not being able to cancel a preorder on the eShop ? And the fact that you "agreed to their policies" bullshit in order for them to not cancel your preorder ? What a bunch of bullshit, I like Nintendo but those corporate f*cks need to be put in their place.
 
Last edited by LightBeam,

MetoMeto

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"Nintendo defended themselves by claiming that any consumer that purchases their hardware agrees to their end-user license"

I don't remember anyone agreeing in buying a crap.

That being said....
People who know Nintendo they thought they are buying quality, cause that's what Nintendo as a brand made them think through years by thinking about custommers.
Nintendo became synonymous to quality not a crap.
And honestly...does Nintendo really thinks people agree to anything they wrote up just because they buy their products?
I mean parents and people who love Nintendo buy based on reputation built by years and they expect it to buy once and to work and malfunction perhaps in couple of years (as any electronics do) and replace it, not every fucking time and especially not as soon as they buy it!


So NO Nintendo, we did not agreed to your "end-user license"

Fix the damn thing
you squiggly snake, take responsibility yourself, don't let others sue you over normal things!!!

If i didn't know better id say Nintendo, from a sweet and innocent became sadomasochist.
How the fuck did that happened?!

_____
But in the end of the day i can draw two conclusions:
1st Nintendo is trying to draw a attention this way, but imo its a bad attention and image.
2nd Nintendo is actually turning into a crappy company.


It sums up to: Nintendo is shooting themselves in a foot, imo.
I love Nintendo but....


In final conclusion: Nintendo needs a new president .........................................................FAST!!!

--------------------- MERGED ---------------------------

they are doing now better than ever.
That explains why they are such bitches...
 
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xs4all

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If you have ever opened up the joycon's analogue sticks housing, once you open the housing, its now a throwaway, as you wont be able to put it back. Once opened, you can pretty much see how the mechanism works, and can have a better understanding why it drifts.

I have replaced about 4 sticks so far a (have 2 Switches and an extra left joycon with custom dpad shell, so 5 joycon's in total) 6 spare on standby, got these replacement stick on ebay.
My last replacement, after about a minute of testing, drift started and the click button when you push down, didnt click anymore and it was not registering. Even these clone sticks are unreliable like the original, the replacement sticks are cheap and now takes me under 10 minutes to replace so no biggie, but a pain.

Only true way to fix the drift is to replace the sticks and fingers crossed it doesnt drift again, if so, rinse and repeat, replace the sticks.
 
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MetoMeto

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Im not sure why no one is using Dreamcast's stick mechanics using nothing mechanical but magnets and detectors of the magnetic field to trach stick position. That thing can not drift! Only down side on dreamcast was that they used crappy plastic

--------------------- MERGED ---------------------------

If you have ever opened up the joycon's analogue sticks housing, once you open the housing, its now a throwaway, as you wont be able to put it back. Once opened, you can pretty much see how the mechanism works, and can have a better understanding why it drifts.

I have replaced about 4 sticks so far a (have 2 Switches and an extra left joycon with custom dpad shell, so 5 joycon's in total) 6 spare on standby, got these replacement stick on ebay.
My last replacement, after about a minute of testing, drift started and the click button when you push down, didnt click anymore and it was not registering. Even these clone sticks are unreliable like the original, the replacement sticks are cheap and now takes me under 10 minutes to replace so no biggie, but a pain.

Only true way to fix the drift is to replace the sticks and fingers crossed it doesnt drift again, if so, rinse and repeat, replace the sticks.
My freind was telling me couple of weeks ago that he replaced 5 joycons all being faulty and he tried to open up one of them andflat cable break lol, and plastic broke and he said it feels like cheap chinese shit.
 

Hern4ndeZzz

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This might seem like a huge win for Nintendo, but I wonder just how many millions are waiting for drifting to be resolved, so they can finally commit.

I'm still on my 3DS.
I mean, I want a Lite, but I'm not going back to the 360 days.

Never. Again.
 

Ryab

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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.
Dont know why you are having this issue I have 4 pairs of joy-cons 1 a launch model and none of them have drifted at all
 

Manurocker95

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its never going to go anywhere anyways.
you have warranty for actually defective units. in the us, you actually get warranty beyond warranty.
drift doesn't happen to everyone so it's hard to argue the controllers are by default defective.

also, since drift happens to every controller on the market, it's silly to single out nintendo for this.

--------------------- MERGED ---------------------------



wd 40 contact cleaner

or replace them with 5$ replacement sticks.

both much cheaper options


I need to do that because I have 3 left drifted joycons xD
 

Hern4ndeZzz

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Dont know why you are having this issue I have 4 pairs of joy-cons 1 a launch model and none of them have drifted at all

Déjà vu.

This takes me back to the time when my launch day PS4 was ejecting disks randomly. People going with the "Mine Doesn't Do That, Bro." left and right. Since the issue wasn't as widespread as drifting, and Sony being Sony, you can imagine the hate.

Turns out it was the touch-sensitive button.
They fixed it on the Slim. Different mechanism (more archaic, but more functional). Never had an issue again once I traded my day one for a Slim.

Guess the issue was real, after all.
 

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