Switch "Joy-Con Drift" class action lawsuit officially filed

Now we play the waiting game

Earlier in the week, we noted that the law offices of Chimicles, Schwartz Kriner & Donaldson-Smith were looking to file a class action lawsuit against Nintendo concerning Switch Joy-Con drift. Some users have complained that their Joy-Con analog sticks were malfunctioning, causing unintended movements in games. Chimicles, Schwartz Kriner & Donaldson-Smith wanted to hear from players having this issue, as they were gathering info to move ahead with the lawsuit.

Looks like they heard all they needed from the public, as Chimicles, Schwartz Kriner & Donaldson-Smith have officially filed their lawsuit. The law office has added the following note to their website.

CSK&D has filed a class action lawsuit against Nintendo of America, Inc. (“Nintendo”) for claims relating to alleged defects in the Joy-Con controllers that are part of Nintendo Switch gaming consoles. The complaint, filed in the United States District Court for the Western District of Washington, alleges that the joysticks on Joy-Con controllers are defective, leading users to experience drift issues. Specifically, the complaint alleges that the joystick on the Joy-Con controllers will automatically register movement when the joystick is not being controlled by the user and interfere with gameplay. The complaint, filed on behalf of purchasers of Switches and Joy-Con controllers, brings claims under various consumer protection statutes as well as various warranty and common law claims.

It's going to be very interesting to see where things go from here. If you'd like to read more on the actual filing, you can find full details here.

Thanks to Aaron for the heads up!

Categories: Top Stories, Consoles
Tags: switch


Top Rated Comment

Now lets all band together and make a class action lawsuit against Nintendo Switch Online since this is the only way we can get Nintendo to listen and improve shit.

From the comments that I have seen, this is an issue that needs attention -- even though I have not personally experienced it.

Hopefully, this lawsuit will generate attention -- and not just profits for the lawyers.

I am just curious if there are any common characteristics to the failing equipment -- such as where and when they were made or how much used (in terms of games played and hours used) or conditions in which they have been used/stored (such as dusty places or game players with greasy hands*).


* -- I am not implying that some game players need to wash their hands more. I just know that my late mother-in-law ruined many a TV and VCR remote because of the amount of cream she used to have on her hands. It would seep into the remotes and cause them to stop working.

That's exactly the sort of thing they're likely trying to find out right now. It'll help make their cases easier if they can find the conditions in which Joy-Cons drift. (That being said, there are multiple reasons, and I think they've all since been figured out.)

Definitely not as bad as something like the Red Ring of Death but there really needs to be something to get Nintendo to take action. I don't like the idea of lawyers profiting off it, but this is probably a good thing.

I've had this issue in the joycons that came with my switch. But I must ask, has anybody that has recently (~1 year) bought a switch experienced this problem?

I find it hard to believe that Nintendo has not done anything to fix this issue giving how widespread it is. It is certainly possible that people are asking to nintendo to fix something that has already been fixed at factory level with a silent revision of the joycon stick part.

If they had I would think they would say something. They fixed the Bluetooth connectivity on the Left joy con rather quick. It's just weird they've been silent about it.

The thing is, if there is a problem that not many people have (let's say a random number... 5% has drifting issues within a year). They might rather just fixt it silently. The bluetooth connectivity was even more widespread than this, so they had to put a statement. I was just wondering if people still had this problem, I got drifting on my first joycon, but not on the newer ones

Finally got my switch last year around august.
Allso bought a Hori pad because I knew I'd be getting Smash.
Needless to say, I've barely used my joycons in comparison and my left joycon has severe drift issues (started in November)

Honestly I hope this works. I love Nintendo. But they gotta sometime listen. I don't want money from this at all or my joy cons fixed. Just future revisions!

Its kind of difficult to fix I think. maybe that's why there are silent:
its a really cheap and small way to make a joystick, so maybe making a better version its more expensive or bigger, making it troublesome to fix while keeping the price the same. My two theories are that its too expensive to fix or they already fix it and didn't tell anyone (but it seems that this last one is less likely)

Now lets all band together and make a class action lawsuit against Nintendo Switch Online since this is the only way we can get Nintendo to listen and improve shit.

That explains why the last time I was playing BotW, in aiming situations, it was always moving slightly. I had restarted the Switch and everything. Then I just stopped playing BotW. 😅

My first drift issues started at Xenoblade 2's release. Up to this point I have only had one pair not drift. The Splatoon set which I bought black friday last year. That's 3 sets of Joycons that drift. Damn straight I signed this thing. All I want is for Nintendo to at least comment on the oversight and tell us they will fix it going forward.

Ah, the waiting game sucks. Let's play Hungry Hungry Hippos.

Hopefully a free repair comes out of this.

I kinda hope this pushes Nintendo to offer a free fix/ replacement for any user who requests it. It sucks that lawyers need to get involved tho

I have had my switch since day one and I haven't had this issue.

Same here, except a year later. I have no clue where the drifting really happens.

I mean, whatever works. It's definitely a problem, and there are things Nintendo can do about it. They don't have to stick with the same analogue stick component.

Mon Jul 22 19 03:13am
Rating: 1

Only in America where you can file a class action lawsuit over a toy that has a slight malfunction 😂

I don't know, man; it's an electronic device which is malfunctioning in its core purpose. It'd be like if a third of all Sony TVs occasionally started changing the channel on their own. Kind of a problem.


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