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

 

[Ryab]

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.

Yeah my joy-cons have connectivity issues but no drifting

 

[Xzi]

it's gonna die at some point, after all it was created more than 100 years ago

Sony's had their share of issues and taken a number of anti-consumer actions too. No corporation is your friend, if you put your absolute trust or faith in any of them they will take advantage of it.

 

[D34DL1N3R]

My very first Switch is arriving on the 28th. How I managed to log in to Best Buy at THE perfect time to grab one at normal price is beyond me, with all of the people running bots to snatch them up. They were gone again immediately after I checked out. Anyway... I will not send my Joycons to Nintendo if they develop drift. I will fix them myself in less time than it takes to get them to Nintendo and a new set returned. I had a Pro Controller ordered too, but cancelled it after reading about those also having drift issues AND d-pad issues.Wtf is with the quality control on their controllers? If I decide to get a separate controller I have the 8BitDo SN30 Pro+ picked out. I shouldn't have to open a brand new $70 official Pro Controller to mod it to work right, in ADDITION to having to do it with the Joycons. Fucking ridiculous.

I've seen comments about all controllers doing this. In my own experience EVERY 360 controller I've ever owned had horrible left stick drift. Yet every single PS controller I've owned has never had a single issue. PS1, PS3, PS3, and PS4 and I've never had an issue with any official Sony controllers, ever.

 

[OrGoN3]

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

Actually their security is extremely well done for the switch. It's Nvidia who dropped the ball.

 

[Hydr8gon]

Honestly I don't really understand why this is something Nintendo can be sued over, or why people are so mad at them for fighting it. My Joy-Cons recently started drifting after 3 years of use. Yeah it sucks, but I don't recall ever being promised a flawless product that would never break or have issues? Things break all the time. I didn't sue the tire company when my tire mysteriously popped on the way home from work one day.

Not to defend the big bad company or anything; I know nothing about legal stuff, so I guess I just don't really understand the situation.

 

[Thejigmaster]

Honestly I don't really understand why this is something Nintendo can be sued over, or why people are so mad at them for fighting it. My Joy-Cons recently started drifting after 3 years of use. Yeah it sucks, but I don't recall ever being promised a flawless product that would never break or have issues? Things break all the time. I didn't sue the tire company when my tire mysteriously popped on the way home from work one day.

Not to defend the big bad company or anything; I know nothing about legal stuff, so I guess I just don't really understand the situation.

I agree with you, I've had my switch since release pretty much and I've never had any drift issues, the only drift i've encountered if you call it that is my pro controller since the latest updates does indeed drift occasionally but it doesn't bother me at all. But when it comes to the switch lite where they can and have drifted on a few days of use and you have to send your entire console in which in certain cases can result in you losing your save data I feel there should be a better solution out there, by design the sticks will always drift eventually it's basically a ticking time bomb since everyone has different use cases. The lite specifically is worse though because one joystick is relatively easy to replace and the other side is a headache having to remove major components to reach it, most people wouldn't even try to attempt this and with that nintendo needs to do something about the issue but i can't say for certain what would remedy it.

 

[raxadian]

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

Sony was quite bad at it before the PS4.

 

[urbanman2004]

Ninty could release a product literally called "snakeoil" and their sheep would still buy it en masse. That's what you call a blind loyal fanbase... Unfortunate outcome for the claimant.

 

[Xzi]

Ninty could release a product literally called "snakeoil" and their sheep would still buy it en masse. That's what you call a blind loyal fanbase... Unfortunate outcome for the claimant.

WiiU sales tell a different story, and it's not like that was their first flop. Nintendo isn't Apple.

 

[urbanman2004]

WiiU sales tell a different story, and it's not like that was their first flop. Nintendo isn't Apple.

That's neither here nor there b/c I could make the same argument a/b the Wii which doesn't take away from the fact that Ninty has a die-hard loyalist fanbase who will defend their "leader" regardless of all its faults.

 

[Xzi]

That's neither here nor there

Your claim was that Nintendo fans will buy absolutely anything they release, so it's very much relevant that WiiU sold terribly.

Ninty has a die-hard loyalist fanbase who will defend their "leader" regardless of all its faults.

I mean sure, it's not hard to find some die-hard Playstation and Xbox fanboys either. That doesn't mean everybody who buys any console acts so ridiculous, they make up probably around 20% of any given fan base at most.

 

[urbanman2004]

Your claim was that Nintendo fans will buy absolutely anything they release, so it's very much relevant that WiiU sold terribly.


I mean sure, it's not hard to find some die-hard Playstation and Xbox fanboys either. That doesn't mean everybody who buys any console acts so ridiculous, they make up probably around 20% of any given fan base at most.

My "claim" wasn't meant to highlight their product sales which is what you are trying to equate it to. The premise of my comment was to emphasize that their customers will still buy their products while being ignorant to their business practices. No need to go so far into the rabbit hole, it's not that deep.

 

[ZachyCatGames]

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.

I sent in 3 about a year ago, the drift on all of which I strongly feel was my fault, and they completely replaced all three with new ones free of charge.
The three new ones they sent back still work flawlessly to this day.
also btw, I literally know someone who has joycon that were “distributed” in early(?) 2016 that still work flawlessly

 

[2Hack]

Sony was quite bad at it before the PS4.

The ps3?

Actually their security is extremely well done for the switch. It's Nvidia who dropped the ball.

That’s Nintendo’s fault for repurposing the nvidia shield. If they cared so much they wouldn’t have gone with something already readily available.
Hacked is hacked.

 

[ZachyCatGames]

The ps3?

That’s Nintendo’s fault for repurposing the nvidia shield. If they cared so much they wouldn’t have gone with something already readily available.
Hacked is hacked.

> repurposed Nvidia shield
roflmao. Spoiler: it’s not.

 

[Bladexdsl]

roflmao. Spoiler: it’s not.

spoiler: it is just a seriously under-powered one
between it's pathetic online system with no lobby, voiicechat or invite system. Garbage eshop, pathetic VC (o wait it doesn't have that just 4 shitty pathetic games they release each month, dated hardware that can't even keep up with games made years ago (saints row anyone? too bad it's unplayable on the switch!) and cheaply made 3d printed joycons that suffer from drift at the drop of a hat the switch is a pathetic excuse for a HANDHELD (it's definitely NOT a console.) i'm not saying it's worse than the wiiu but it takes 2nd place and if it wasn't hacked so quick it would have bombed ages ago.

 

[Deleted User]

Sony's had their share of issues and taken a number of anti-consumer actions too. No corporation is your friend, if you put your absolute trust or faith in any of them they will take advantage of it.

oh yeah i forgot that even sony is a piece of shit

 

[Tiger21820]

Does this mean ANYTHING anymore?

 

[Deleted User]

NINTENDONIUM MY ASS

 

[StrayGuitarist]

The set that came with my Switch became unusable because of drift, and they replaced it for free. My second set got lent to a friend and never returned to me after we had a falling out, so I can't speak of that, but the set that I've had "repaired" by Nintendo is starting to drift again. You'll be playing Splatoon 2, and aiming, then outta nowhere.. Whoop. Now you're aiming straight up into the sky. when your hand wasn't even on the stick. Lovely.

The PS Vita didn't have issues with their sticks, and they had to cram a lot more into that thing than there is in a single joy-con. My Wii nunchuks don't have any drift issues, and their form factor isn't really that much different. I don't see why they couldn't do something to fix this. I'd just buy a set of third-party joy-cons, but subtlety in rumble is important to me, and almost all of them have an obnoxiously loud rattley rumble to them.