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Nintendo Sued Over ‘Manufacturing Defect’

In the lawsuit, the company is being accused of knowing about the defect, and charging customers to repair it.

If you’re into video games you know that, if the controller doesn’t work right, then what’s the point

It appears Nintendo users are taking issue with a specific technology that’s been on the fritz for a while now and a newly filed class action lawsuit is pegging the problem on poor product design.

Last week national law firm CSK&D – which specializes in class action suits – filed suit against Nintendo over problems with the detachable controller for its Switch product, called Joy-Con.

Apparently, users of Joy-Con – a controller than can be used as one device or detached into two pieces, making two controllers – have been complaining as far back as 2017 about problems they’re having with these devices. Joy-Con users have reportedly experienced what’s referred to as “drift” – where the device senses input when there isn’t any, and so a user’s video game character could move on the screen without being directed to.

In the lawsuit, Nintendo is being accused of knowing its product features a “manufacturing defect” but failing to disclose it to customers. Even worse, says the suit, the company “routinely refuses to repair the joysticks” without charging their customers.

The suit details the saga of one Switch customer, Ryan Diaz, and also supports their complaint by citing scores of online reviews that mention problems with drift. The lawsuit’s Joy-Con owners hope to recover their “out-of-pocket expenses related to repairs and/or replacement” and are demanding a jury trial to further pursue the complaint.

At the time of the filing, Nintendo told Business Insider it was aware of the issues and encouraged users who were experiencing problems to visit its website for support.

But after a few days of bad publicity, the company may have cracked. Wired reported that Nintendo says it will “revise their customer service procedures” and plans to repair affected units for free, whether or not the warrantees are still intact.

No word yet on how that might impact the legal proceedings, but it’s a start

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