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New update on Nintendo’s EULA prevents users from filing class-action lawsuits against them

As a lot of you will have seen Nintendo has been sending out emails informing you that they have updated the Nintendo Account User Agreement. While many of us haven’t read through the entire linked document, one of the segment’s asks users to agree to waive their right to join a class action lawsuit against the company. The Kyoto-based company says that as you use and enjoy the company’s products you can not file a class action lawsuit against them. As many have pointed out Disney did a similar thing with a couple who attended a Disneyland park and could’t sue the company for the wife’s fatal allergic reaction because they had a Disney+ subscription and had agreed to Disney+ EULA. Thankfully this didn’t stand up in court.

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24 thoughts on “New update on Nintendo’s EULA prevents users from filing class-action lawsuits against them”

  1. The user agreement was updated after I received it on my Nintendo Switch. Not only it includes Nintendo products but it also includes Super Nintendo World as well at universal studios as well with updated policy.

  2. It’s a serious mistake that no one reads the contracts, and then we are surprised by the consequences when something happens… Clearly, Nintendo is trying to protect itself, but I also don’t believe that this clause would hold up in court if they really overstep the bounds. However, it’s worth mentioning that we often see collectives suing companies for anything and everything…

    1. Why are you defending them? what benefit you could possibly get from them stripping away your right to sue them if you believe that you, as a consumer, has been wronged in some way?. They have lawyers, that’s more than enough protection, if they did nothing wrong, then they have nothing to fear. It’s OBVIOUS that this is a response to the drifting issue of the joycons, something they not only didn’t wanted to admit, but clearly didn’t wanted anyone to notice and complain about, despite being a well-documented and consistent issue with the controllers. This more than just “protecting themselves”, it’s basically saying “don’t you dare criticizing us, or else stop using our products”.

      1. As I said in the comment: there are legitimate reasons to sue a company, but there are also a lot of reasons that are not… To cite a few examples: there were WoW players who sued Blizzard because, being arachnophobic, they felt that Blizzard wasn’t doing enough to protect them from their phobia… Or another player with a disability who also sued them because he felt that the ‘gigantic world’ of WoW was oppressive to him… Sorry, but there are limits…

      2. True they do have lawyers indeed but they don’t want to pay a big fine for other lawsuits regarding any mishaps like Joy-Con drift or misusing the system to sell other pirate contents before it gets released to the public or used it for something dangerously illegal.

          1. Joy-Con drift is intentional really. So it breaks, they buy a new one, not everyone is going to go through the hassle to send it in, and they allow free repairs to save face knowing these things are cheap anyway, then release cool new colors and they buy more, and blah blah blah. Marketing strategy. It could be made to last much much longer but that don’t make money.

    2. Good thing these sorts of clauses never hold up in court. It raises the bad for suing them, but it’s illegal to make someone agree to sign away their civil liberties just to buy your product.

  3. Just because a you as a Nintendo account user can’t sue them, doesn’t mean your non Nintendo family and friends can’t 😂

  4. I’m really surprised a public trading company can get away with this, especially after the joycon debacle.

  5. I don’t think this holds on court, these kind of things are abusive clauses that, of course you cannot modify when agreeing, and can affect negatively one of the parties are not usually accepted.

    1. “I don’t think this would hold up in court.” Right, because our judicial system is so fair and just and is by and for the people. Especially in 2025.

  6. That is a ridiculous clause. Companies need to start getting punished for burying this kind of stuff within their T&Cs

    1. Why should they? It’s not like they are hurting anyone. They just want to make sure gamers like us won’t misusing our gaming system for any illegal activity.

  7. No company can automagically prevent anyone from exercising their legal rights. They can ask, but they also have to provide clear and unequivocal instructions on how to file an opt-out notice within a reasonable period of time.

    1. But why waste time and go to court, if the probability of losing is near 100%?? Whenever you agree to an EULA, you walk away from a lot of rights…I certainly understand what a contract is….and of course so does a judge.

      There’s lot of time that goes in litigation and stuff. I’m not going through litigation unless I know I can win. Not just filing some piece of paper to make a point against Nintendo (or any other video game company you may have).

  8. Same people who are complaining about increased prices are also complaining about them wanting to handle torts outside of the courtroom. At least be consistent, people.

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