Christina Spicer  |  January 21, 2021

Category: Legal News

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A Nintendo Switch class action lawsuit has been filed in Canada

Nintendo Switch is the subject of another class action lawsuit alleging a defect dubbed the “Joy-Con drift,” this one filed by a plaintiff in Quebec.

Kelly-Ann St. Laurent, lead plaintiff, claims that she and others would not have purchased or paid so much for the pricey gaming system had they known about the defect. She’s looking for other Quebec consumers who bought the regular Nintendo Switch or the Nintendo Switch Lite gaming system to join the class action lawsuit, along with consumers who purchased Joy-Con and Nintendo Switch Pro controllers.

This class action lawsuit is pending certification by a Canadian judge, according to the plaintiff’s lawyer. Top Class Actions is committed to helping right consumer wrongs by reporting on lawsuits filed over defective devices. We’ll follow the story and let you know if a settlement is reached.

What is the Nintendo Switch Joy-Con Drift?

The Joy-Con drift is a problem with the controller’s analog stick that causes the game to move on its own, according to WCCFTech. The problem reportedly “frequently affects” the left side of the “itty-bitty detachable controllers” so much so that users have turned to the internet for solutions.

Nintendo has failed to give consumers a permanent fix to the problem, according to the Nintendo Switch Joy-Con drift class action lawsuit. The game maker will offer to fix the problem for free or offer free or cheap Joy-Con replacements, but these solutions are only temporary.

The plaintiff claims that the replacements she received from Nintendo, after her initial controllers malfunctioned, also developed the Joy-Con drift within two months of use.

Joy-Con Drift Not a New Problem

This is not the first Nintendo Switch class action lawsuit filed over the alleged Joy-Con drift defect. In 2019, a plaintiff in the state of Washington filed a class action lawsuit asserting that Nintendo knew of the problem, but failed to take any action or warn consumers.

In fact, just last month industry publication Polygon reportedly asked the president of the American division of Nintendo about the Joy-Con drift and if anything was being done to fix the problem long-term. In response, the president mentioned company inspections of repairs and that Nintendo was trying to get a better handle on the problem, but didn’t offer any details.

Do you own a Nintendo Switch? Have you had the reported Joy-Con drift problem? Tell us about your experience in the comment section below.

The lead plaintiff, Kelly-Ann St. Laurent, and proposed Class Members are represented by Lambert Avocat Inc.

The Nintendo Switch Class Action Lawsuit is St. Laurent v. Nintendo of Canada, Ltd., Case No. 500-06-001122-213 in the Province of Quebec, District of Montreal, Canada.

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10 thoughts onNintendo Switch ‘Joy-Con Drift’ Sparks Another Class Action Lawsuit

  1. Rachelle says:

    We’ve bought two sets of joycons and all have this problem

  2. Krystal says:

    Same with me I got one for my daughter birthday and same problems

  3. JULIE COLEMAN says:

    We have spent a fortune on gaming and my young so is so frustrated by all the problems

  4. Donald Weatherill says:

    I bought one on release day and it still has the drift.
    Please add me

  5. Juel Alfred says:

    Bought this product didn’t work add me

  6. Brittanous I Adair says:

    Add me

    1. Bradley Ryan Kittiekaywinnie says:

      Yes I bought 2 one each for my sons I had to buy all new joy cons and Controllers to fix the problem not I still have one or two of the broken controllers laying around here it wasn’t a cheap fix

  7. Carolyn m Taylor says:

    Add me

  8. Kimberly says:

    Very annoying ?

  9. Elisabeth says:

    I have had the problem with my Nintendo switch from about a month after I got for Christmas and did not know that it was not normal for the
    Joy-Con drift, it has been a really bother and I don’t like using it for that reason need a new one, of correctly fixing the problem.

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