Fucking ridiculous, and they still haven't fixed it!
Willing to be Switch 2 has the same fucking issues.
I'm not buying a switch 2 till I've seen the issue is resolved
Nintendo issued an apology in 2020 over the issue, but argued that players who purchased the items were bound by the user agreement of the Nintendo Switch and thus ineligible to participate in a class action lawsuit against the company.
I'm not a lawyer, but this seems suspicious. How would this work? If I purchase a product in a retail store, where exactly would I sign something agreeing to give up my eligibility to participate in a class action suit? Are they trying to argue that linking the hardware to your account carries over the restriction to any hardware used?
Presumably when you pair them with the switch console and agree to the terms electronically.
But what if I bought them for my PC or phone and never actually used them on a Switch? Does just having 'by using this device" in the front of the agreement make for a valid agreement?
So like only people who got them as gifts?
"You can't all sue us" clauses need to be thrown out and criminally punished.
EULAs in general are unenforceable bullshit. "By buying this object you agree to--" Nope! I can't make a contract with an object. Certainly not with one I already bought and own.
Game File reports that both Nintendo and the parents who brought the suits on behalf of their children called for the cases to be dismissed.
So both sides agreed to drop the case. Probably because the complainants ran out of money to pursue any further, or they settled out of court. Or both.
It sure would be a shame if you bought new, identical Joy-Con controllers, found they didn't have drift, and returned the old drifty ones by accident.
5/28 Ninja Edit: today I learned is a form on Nintendo's website where you can fill out a repair request form. I thought the US had been excluded https://repair.nintendo.com/cc/soConsumer.html?lang=en&sys=SWTCH&type=JOY-CON
Kinda dumb to do that when they already repair them for free (including shipping) with < 1 week turnaround.
Unfortunately, that's not available in the US :(
I just used it in the US last month, it definitely is.
You're totally right. For some reason I (mis)remembered it only being in the EU while the US was excluded. I found the form on Nintendo's website and will look into that later.
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