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Nintendo’s new Joy-Con drift lawsuit defence is apparently that children cannot sue the company

Nintendo is still receiving lawsuits regarding the infamous Joy-Con drift issue and the latest case brought against the company is Sanchez et. al. v. Nintendo of America. The defence lawyers for Nintendo have argued that the individuals suing the Kyoto-based company have no standing, simply because they are children. The lawsuit was obviously brought about by the parents who purchase the faulty Joy-Cons for their respective children. The parents are now looking for a federal judge to look at the case. 

“Essentially, Nintendo has claimed that children cannot sue the company because they “allege no cognizable harm to themselves.” In addition, Nintendo’s defense cited that the End User License Agreement (EULA) that Switch users must acknowledge before using the system states that they must be over the age of 18 to accept.”


48 thoughts on “Nintendo’s new Joy-Con drift lawsuit defence is apparently that children cannot sue the company”

  1. Well I’ve never had a faulty joy-con, i have had faulty PlayStation controllers with stick drift. The joystick oftentimes moves in one specific direction. I didn’t try and sue Sony tho, i just cleaned the controller with compressed air and rubbing alcohol, and reset the controller with the pinhole on the back of the controller.
    I’ve also experienced the d-pad getting stuck, but i found a trouble shooting technique for that as well.

    I guess if gamers actually read the EULA, Terms of Service and Code of Conduct and not just skip over the important part they’d already know this.
    Anytime anyone has a faulty controller or console they make empty promises of a lawsuit towards game compines.

    1. The ignorance of this comment is overwhelming.

      It’s a known fact that Joycons suffer from drift even more than other modern controllers. It’s a design flaw. Don’t be an apologist fanboy.

      1. Yeah, ok. It’s called a comparison by example. Didn’t say it wasn’t a known fact about joy-cons. I was simply saying that I’ve experienced similar issues and managed to resolve it with makeshift trouble shooting techniques, so yeah.
        Reading is fundamental.

    2. This is boot licking at its finest, my yellow joycons are still smooth and work just as well no drift too, but the previous one I had for launch was super drifty after a year and I always take care of what I own, you literally need to reread the article because this is talking about kids suing Nintendo, kids don’t usually have lots of money and joycons definitely aren’t cheap, if I was still a kid I would be pretty upset if my joycons started drifting, cause I would have to waits months to get another one only for it to happen again, theirs literally no point in defending a multi billion dollar company when they make bad decisions they don’t know you exist and honestly don’t care about your views or opinions also why do you always bring playstation up in these arguments I get that it’s a comparison but still this is like the second time I seen you brought them up.

      1. If i mention PlayStation is that a crime, i was simply saying that I’ve experienced a similar issue with PlayStation controller and managed to resolve it. If someone can resolve an issue with makeshift trouble shooting techniques then i guess they wouldn’t need to go purchase a new joy-con or controller “now would they. Furthermore i mentioned PlayStation, because im new on switch and most of my experience is from PSN. But really is it a fourm rule that specifically says i can’t. So yeah, ok now someone analyze my post and imply im ignorant.

      2. I need to reread the article, yet half these post imply that’s not a valid defense when the article clearly says the EULA specifically says the users must be 18+ before using the system. How exactly is that not a defense, sure the parents “may have” purchased the joy-con, but they aren’t the one with an account. The user who made the account with their name on it is the one that’s responsible for it.
        But really if it’s such a well known issue that joy-cons are more faulty then modern controllers, maybe gamers can learn to resolve the issue by fixing it themselves with trouble shooting techniques then they wouldn’t need to go purchase a new joy-con or controller. Just because it’s a well known fact that joy-cons are more faulty, doesn’t necessarily mean other controllers doesn’t experience the same issue. I’ve purchased controllers that are faulty 6 months after it’s purchased.

        1. You sound so dumb “fix it yourselves” seems like you never listen to anyone and your too embarrassed to admit it 😳 suddenly apparently everyone can just fix it themselves and like stop being lazy 🙄, quit avoiding the issue that joycons are more defective than previous gaming controllers.

          1. Anyone with common since can fix a controller, you seem the lazy type. Apparently you never watched YouTube tutorial how to fix a controller with trouble shooting technique. If i didn’t listen i wouldn’t knoww how you fix a controller. You seem the type that doesn’t read the entire post, just jump to a conclusion.
            And yeah, anyone with common since can fix a controller.

            1. Lol that’s what you did but go off 😂 I guess you barely read the article cause it was talking about kids not adults, 9 out 10 kids would just make the controller worse going through a tutorial on fixing it and don’t expect the uninformed parents to fix the issue, but nope I’m lazy and couldn’t bother to read the article 🙄, you couldn’t even bother to read my first comment as I mention “kids” in it but I mean keep simping for company that doesn’t know you exist surely you’ll be rewarded soon🤗.

    3. If you had 3 pairs that drifted I doubt you would be sayinng the same thing. The rubbing alcohol thing only lasts for about a month, and I’m pretty sure the license agreement comes under the presumption that… I don’t know…. you’re not being sold a faulty product?

    4. I’ll respond to your anecdote with my own anecdote. I’ve had four joy-cons drift, and none of the “home remedies” worked for any of them. Of all the consoles I’ve owned over the past 25 years, Switch has by far the worst track record for controller issues — 100% failure rate within 3 years of purchase. My last system to come within even an order of magnitude of this was the N64. Besides the drift issue, two of my joy-cons still have the wireless occlusion issue (which Nintendo didn’t fix when I sent them in), and are unreliable from a distance of 8ft+ or so.

      We can all play this anecdote game, but all evidence suggests that far more of us have stories about Joy-con drift than any other controller flaw in recent memory.

      Nintendo likely wouldn’t be facing lawsuits if they had addressed and resolved the problem promptly. However, they waited years to start offering free repairs (in the US at least), and STILL haven’t fixed the underlying issue after 5 years, even in Switch Lite units. This is all highly indicative that they are profiting off of the problem — it drives consistent sales of $80 joy-cons by consumers who are either uninformed or don’t have the time to deal with the hassle of sending them in for repairs.

      It’s natural for lawyers to cite the [probably legally unenforceable] fine print in the EULA and make shameless, morally- and logically-dubious arguments to weasel out of consequences for their client’s blatantly unethical anti-consumer behavior. That’s their job. It’s not your job. Why are you doing it?

    5. 3 separate sets of joy con’s have drifted on me within a month. The design is faulty plastic pieces are wearing out. There is no fixing it at home. Don’t be an apologist.

  2. I mean, that’s not a defense really. personally I haven’t been able to play handheld with any kind of game that is super sensitive because of Joy con drift and that’s been that way for years now. I know people will say buy a new pair but then I read about people who bought other Pairs and ended up having the same issue. so I don’t know. This does seem to be a very widespread problem but I don’t know if they have a case. I guess we’ll have to wait and see what the outcome ends up being.

    1. You do know Nintendo repairs then for free, right? All you gotta do is go to their site and make a repair ticket and mail it to them and that’s it. You don’t need to buy new joycons and the repair and shipping is all free. Have you really not ever sent them for repair for years?! Wow!

      1. Yes I’m aware of that but I also know that there have been people who did that it worked temporarily and then went back the same way again and not everybody lives in a place where they can continue to send things back and forth. If it’s not a permanent fix and I’m not wasting my time.

  3. They really tried to say ‘only children use the switch’ and ‘no children use the switch’ in the same defense. They’re not even trying any more.

  4. If I were the judge I would take the time I was initially going to give them and then double it because of that stupid retorsion. There really is no excuse for them to not make a Joy-Con that has no problem with drift when they’ve been making controllers that have no problem with it for longer than I’ve been alive, and they’re trying anything they can to avoid accountability.

  5. I been trying to send my Joy-Cons 10 times in the row for repairs to Nintendo but I didn’t because I didn’t get the shipping label being send to my email and get a bit irritated that they didn’t get me the shipping label being send to me. I waited 24 to 48 hours for it. I been doing this since January 2022. I’m thinking about taking legal action against Nintendo for not giving me the label in my email. Thinking about it.

  6. I gotta side with Nintendo here. Why is there even a need for a lawsuit? I also had the Joy-Con drift when out of warranty. I sent it in and Nintendo would repair it for free. Once again the retards in this comment section try to denounce Nintendo as the bad guys. Nintendo will repair the Joy-Con drift OUT OF WARRANTY FOR FREE if you just send it in rather than sue them!!!

    1. You still have to wait over a month to get your product, and it is still prone to the drift even after the supposed “fix”. Then there is the fact you can’t even use your Switch without those Joy-Cons… so buying an extra $80 pair may as well be the fee. No excuse.

  7. Why on earth was my initial comment deleted? May as well repost.

    If I were the judge and saw Nintendo trying to pull this excuse then I would take the fine I was initially going to give them for this case and double it. It’s bad enough they have no excuse when none of their previous console controllers had drift and they have no excuse for not being able to sell a quality controller this time around, but they are trying to weasel their way out of being accountable in any way they can.

  8. Or just fix the 5 year old joycons.

    And J&J is just as stupid as Nintendo. Knowing for years that the Shampoo and the Baby Powder causes cancer and still continue to make the same product exactly the same.
    Kind of stupid to still sell the same Joycon and haven’t did any changes to it in R&D.

  9. Yeah, sorry but don’t make a comparison or gamers on these fourms might get all huffy. Apparently mentioning PlayStation on a Nintendo fourm is against the fourm terms of service. I can’t mention PlayStation, but apparently shampoo is ok. Go figure.

    1. We’re huffy because you’re literally defending products that are known to be faulty, and that’s about as anti-consumer as you can get. I’ve never had issues with my PS4 controller either, but I won’t pretend that those controllers don’t have issues since they’ve been mess with high reports of drift as well. They don’t have any more of an excuse than Nintendo if both of them were able to make controllers that didn’t drift in the past.

      1. Thank you this comment, like how come you can’t see that your defending a bad company decision by comparing it too another bad company decision, people really act like you can’t focus and be upset on multiple issues, instead of one.

        1. It’s wild, lmao. You’d think that wanting your product to work just fine would be something every buyer could agree on nobody the company, but bootlicking knows no limits.

  10. The thread is criticizing Nintendo for this being their “defense” because the article is doing incredibly poor journalism. If you bother to read the Axios article underneath the article Sickr is copy/pasting, what’s happened is the parents of these children are already in arbitration for a settlement, and are simply using their children as a run-around to avoid the ordered arbitration. Nintendo is arguing nearly as I can tell quite correctly that you can’t have the children sue for damages that the children didn’t suffer, but the parents did, for which the parents are already in arbitration to resolve. The parents are the ones who conducted business with Nintendo, the parents are the ones who were damaged by their business transaction with Nintendo, and the parents are already in the compensation process for the same damages for which the children are suing. They don’t get to double dip.

    All that said, this is not their “defense”. This is their argument for a particular motion. If the motion is denied, THEN they will continue on to the merits of the case, and eventually their defense. I assume the mistake was accidental, but Sickr has completely misinformed the audience here.

    1. At this point the whole comment section is focusing on telling nikki that nintendo faulty joycons are an issue, and that no one should really be trying to defend them.

    2. Kinda goes to show how many people will just automatically believe a headline without doing any actual research into it themselves.
      Pretty worrying tbh.

  11. These Nintendo fanboys are implying im an idiot, because i mentioned PLAySTATION on a Nintendo fourm. Because i said i experienced a similar issue and managed to resolve it. Im the idiot, explain how im the idiot when the majority of these post can’t see how that’s a defense. When the EULA specifically says the users must be 18+ to use the system. i might not use fancy words like these Nintendo fanboys, but if the users aren’t 18+ then they have no case. At what point did i defend faulty joy-cons, because i mentioned PLAySTATION and said I’ve experienced a similar issue, how is that defending anything or anything other then exactly what i said.
    Yeah, exactly. Explain how me mentioning PlayStation on a Nintendo fourm or saying I’ve experienced a similar issues is bootlicking, just because it’s a well known fact that joy-cons are more faulty then most modern controllers doesn’t necessarily mean other controllers don’t have similar issues. Yeah, ok im the idiot.

    1. You are a complete idiot. Only one guy mentioned you saying something about playstation and you’re acting as if everyone is harrassing you about it. Not a single person gave you shit for it, just asked why you make the comparison. You’re also an idiot for implying that people shouldn’t make a big deal or should be fine buying faulty products because they can just end up having it fixed or fixing it themselves. Why should it be the consumer’s responsibility to fix it when the seller sold them faulty hardware in the first place?

  12. I would love to pretend that this isn’t a problem. Everyone I know who has more than 500 hours on their original Joycons has had to replace them with new ones.

  13. The only thing overwhelming about this comment section is how Nintendo fanboys imply im defending faulty joy-cons, because i said I’ve experienced a similar issue and managed to resolve it using makeshift trouble shooting techniques. How exactly that’s defending anything or anything other then exactly what i said is beyond me. At this point, the comment section is just me laughing at how Nintendo fanboys jumped to a conclusion and assume im defending faulty joy-cons because i said I’ve experienced a similar issue. But, keep telling yourself i was defending faulty joy-cons and how im the idiot and making something from nothing. Because the only thing overwhelming about this comment section is how Nintendo fanboys automatically assume im defending faulty joy-cons because i said I’ve experienced a similar issue and then started ranting and raving about how im the idiot.

  14. FOr people saying they’ve never had joycon drift.

    I’ve had to buy 4 different sets of joycons, and all 8 of them have joycon drift. Bought a third party pro controller… a few months later that has drift too.

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