The ongoing class action lawsuit against Nintendo regarding its Switch Joy-Con controllers has taken an interesting turn. The suit was originally filed in 2019, and a case is currently being built by law firm Chimicles Schwartz Kriner & Donaldson-Smith, LLP (CSK&D), which prompted the firm to ask Nintendo Switch users for video footage of personal experiences with the Joy-Con drift issue being described. As part of this, CSK&D has quoted Nintendo as saying that Joy-Con drift “isn’t a real problem.”
An email from CSK&D regarding the Joy-Con Drift Class Action Lawsuit was shared via Reddit in the Nintendo Switch subreddit. The purpose of the email is to contact Switch users who reported Joy-Con drift issues and ask for videos. The ask isn’t substantial, just a 90-second video with the person describing their experience with Joy-Con drift. They then go on to list the various specifics that are needed from each video in order for them to be useful.
These videos will then be turned into a montage “in an attempt to disprove Nintendo’s claims.” Nintendo is listed as claiming that Joy-Con drift “isn’t a real problem,” and “hasn’t caused anyone any inconvenience.” The montage will be used as part of the upcoming arbitration between Nintendo and CSK&D. As such, the law firm is asking Joy-Con users to submit their video by October 16 and provide an email address.
There doesn’t appear to be a public record showing that Nintendo has made these claims. The quotations were provided by CSK&D, though its source isn’t provided. That doesn’t mean that they’re fake, as the quotes could be from a legal document or from proceedings that haven’t yet been made public. However, Nintendo’s defense in the matter insinuates those claims, even without them being explicitly stated.
Lawsuits against Nintendo over its controllers have already had a significant impact. In 2019, after the first Joy-Con drift lawsuit was filed, Nintendo began offering free repairs for Joy-Cons, even after the controllers’ one-year warranty had expired. It also provided refunds to those who paid for repairs due to them being out of warranty. That policy stands to this day, with Nintendo continuing to repair Joy-Cons free of charge.
While it isn’t CSK&D’s explicitly stated purpose, the hope of its lawsuit is presumably to push or persuade Nintendo to redesign its Joy-Cons so they don’t break as easily. It’s surprising that Nintendo hasn’t done so already given the backlash, but until they do the Joy-Con drive lawsuit will continue.
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