Dell canceled Switch orders following pricing error, class action claims

Dell Switch class action lawsuit overview: 

• Who: Alexander Martin-Bale filed a class action lawsuit against Dell Canada Inc. 
• Why: Martin-Bale claims Dell violated the Consumer Protection Act by canceling website orders for Nintendo Switch consoles it says it inaccurately priced at $79.99. 
• Where: The class action lawsuit will proceed in the Judicial District of Montreal. 

Dell Canada wrongly canceled website orders for Nintendo Switches after the company determined it inaccurately priced the gaming consoles, a new class action lawsuit alleges. 

Plaintiff Alexander Martin-Bale’s class action lawsuit claims Dell listed Nintendo Switch gaming consoles for $79.99 on its website but canceled all purchases due to what it says was a pricing error.

The lawsuit argues Dell’s alleged refusal to honor the Nintendo Switch purchases violates the Consumer Protection Act. 

Martin-Bale wants to represent a class of Quebec consumers who purchased a Nintendo Switch for $79.99 from Dell’s website on or around Jan. 25, 2023, and whose purchase was unilaterally canceled by Dell thereafter. 

Actual price of Nintendo Switch console more than $300, Dell says

The actual price of a Nintendo Switch console is more than $300, according to Dell, which, despite initially confirming the orders, ultimately canceled and refunded them, according to a judgment by the Superior Court of Québec. 

“Martin-Bale subsequently contacted Dell customer service, who informed him his purchase had been canceled due to a pricing error,” the judgment says. 

Martin-Bale is seeking to obtain compensatory and punitive damages for lost value, calculated as the difference between the price it would cost to purchase a Nintendo Switch console on the day it was canceled and the price advertised by Dell at the time of purchase on Jan. 25, 2023. 

A consumer filed a separate class action lawsuit involving the Nintendo Switch in January 2021 over claims the consoles contained a defect dubbed the “Joy-Con drift” that caused games to move on their own. 

Did you purchase a Nintendo Switch from Dell Canada’s website for $79.99? Let us know in the comments.

The plaintiff is represented by Mtre. Joey Zukran of LPC Avocats. 

The Dell Switch class action lawsuit is Martin-Bale, et al. v. Dell Canada Inc., Case No. 500-06-001219-233, in the Judicial District of Montreal. 

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