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.

:arrow: Source
 

Master Mo

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I had one joycon drift after the warranty and they fixed it without charging anything. It`s an inconvenience but honestly not a big issue to me. Took a week for the fixed joycon to arrive. This was Nintendo of Europe though; I don`t know how America and Japan handles this stuff...
 

64bitmodels

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jesus christ nintendo is it that hard to make new, less drifty joysticks?? Honestly, none of this would be happening if you had just stress tested them to make sure they work right
I get that they rushed the switch in order to phase out the Wii U, but just do what you did with the 2019 switch and upgrade the thumbsticks. Jesus christ it's not that hard.

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

the year is 2030: the only company left making game consoles is sony. Microsoft gave up and Nintendo died for being too bitchy
That's a future i wouldn't want to be in tbh- If sony gets all the success they'll just end up like nintendo right now, doing shitty things and getting away with it because they're sony and they own the gaming industry
 
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jesus christ nintendo is it that hard to make new, less drifty joysticks?? Honestly, none of this would be happening if you had just stress tested them to make sure they work right
I get that they rushed the switch in order to phase out the Wii U, but just do what you did with the 2019 switch and upgrade the thumbsticks. Jesus christ it's not that hard.

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


That's a future i wouldn't want to be in tbh- If sony gets all the success they'll just end up like nintendo right now, doing shitty things and getting away with it because they're sony and they own the gaming industry
to be completely honest sony's already doing shitty things
 

Pippin666

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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 :wacko:
Only in the USA that people would go as far as to call that "criminal". Their only way to live the american dream is to lawsuit and suing each other.

Pip'
 

Teletron1

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Only in the USA that people would go as far as to call that "criminal". Their only way to live the american dream is to lawsuit and suing each other.

Pip'
So when a car company knowingly has a car come to market with faulty breaks or airbags that’s what ok in your mind because it’s not a USA thing it’s a World thing faulty equipment is deceiving the consumer and in most cases is protected under Consumer Rights Law and those policies are even stricter under EU Law so when a Company takes advantage normally legal action occurs to give them a swift reminder that hey we are watching you B-)
 
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Drift or not, thoses controllers are overpriced junk. 80€ charge after one year of use just to fix a dumb detection issue.
TX all the way baby.
 

raxadian

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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.

The Playstation is the most hacked console in the history of the world, just add a chip and you are done. The PS2 wasn't much better and while they tried to make the PS3 safer their huge data leak didn't help things.

Funny enough the 3DS wasn't so bad, people had to keep updating to use the Pokemon games online and so on.

The Switch? Save for the PS1 and the Sega CD that directly had no copy protection at all, I never have seen a videogame console hacked so fast.
 
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krakenx

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The USA is a failed state. The law has proven time and time again to not apply to the rich and powerful. Corporations can simply declare that the law doesn't apply to them by hiding a mandatory arbitration clause in their 60 page EULA. Mandatory arbitration nearly always sides with the corporation because the corporation chooses the arbiter and they won't choose one that lets them lose.

The free market can't fix this. Sure, you can boycott Nintendo, but Sony, Microsoft, Valve and everyone else have these clauses too.

The only solution is to change the law. Call your congressman and ask where they stand on Mandatory Arbitration clauses and vote out any who agree with it. There is no moral justification for them, and it's a good indicator of which politicians are corrupt and greedy.
 

ZachyCatGames

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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. :P
None of this is relevant to what I said lol, I just said the Switch wasn't a repurposed Shield TV (which is factually true. Switch was based on something completely different and unrelated)
(Also a lot of what you said is incorrect or unfair kek)
 
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Bladexdsl

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None of this is relevant to what I said lol
i know :creep:
Also a lot of what you said is incorrect or unfair kek
no it's all true. nintendo failed miserably with thew switch. once the ps5 is out i'm done with it until mp4 is out. i'm tried of getting games for it only to have them run like garbage thanks to it's inferior HANDHELD hardware it can't even run games made 4 years ago!
 
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the_randomizer

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One - I'm glad I don't use these POS Joycons
Two - These leaks couldn't happen to a more deserving company who refuses to fix what's clearly a big issue
Three - I feel even less bad for pirating their Snes, N64, GBA, etc games
 

raxadian

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I'm surprised that title doesn't belong to the Wii

The Playstation lasted a decade or more and used CDs. So once you had it chipped it was the cheapest console ever to get pirated games for.

While the Wii was popular and easy to hack, you had to deal with software updates and using DVDs that were not as cheap.

The PS2 is most likely the second most hacked console ever and once hacked it stayed hacked.
 

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