[REVIEW] : Joy-Con class action lawsuit can only succeed if kids are allowed to sue Nintendo

WTF? ! Nintendo has long had a reputation for appealing to kids, but it certainly doesn’t want them involved in a class action lawsuit over notorious Joy-Con drift issues. If two kids aren’t allowed to sue the Japanese gaming giant, the whole case will likely fall apart.

The odd storyline revolves around long-standing Joy-Con drift issues. There have been numerous complaints of the Nintendo Switch controller automatically drifting in one direction after prolonged use, resulting in lawsuits, free repairs, and Nintendo making rare apologies.

Axios reports that previous class action lawsuits from 2019 and 2020 have “largely stalled” and have been sent to arbitration for resolution. In one case, Sanchez et. Al.v. Nintendo of America, which is offered by two mothers who bought Nintendo Switch consoles for their children, there might be an unusual solution.

The issue for plaintiffs is that Switch owners are being asked to digitally accept the console’s End User License Agreement (EULA), which includes a waiver to pursue any class action lawsuits. This waiver is what triggered the arbitration.

However, the EULA agreement must be accepted by a person over the age of 18. The mothers in the Sanchez case say their children cannot be bound by the EULA because they are minors, and therefore want the lawsuit to continue on behalf of the children.

Nintendo, of course, says otherwise. He argues that the children are not the ones who purchased the Switch console “and allege no recognizable harm to themselves.”

The case will be brought before a federal judge in California today.

While Joy-Con drift issues are perhaps the most famous case, class action lawsuits have also been filed against Microsoft and Sony over allegations that their respective controllers are suffering from the same issue.

Nintendo Switch: the Joy-Con Drift still a source of lawsuits, children soon involved?

NEW BUSINESS AROUND THE JOY-CON DRIFT

Though shelved, criminal cases involving Nintendo and Joy-Con joystick issues still exist. Evidenced by the recent case taking place in the United States, and more specifically the Sanchez case. These are two mothers who have filed a complaint against the manufacturer of the machine: the consoles, purchased for their children, are also affected by the syndrome of Joy-Con Drift: phantom joystick movements occur in-game when the player is not touching it.

According to the Axios media and relayed by SamaGame, a legal war then ensues, the first battle of which is won by Nintendo: the judge considers that the mothers cannot take collective action against the Kyoto firm under the End User License Agreement (EULA), a contract between Nintendo and console users.

CHILDREN INVOLVED?

But it seems both parents don’t give up so easily: they reportedly intend to involve their children in pursuing the complaint. Nintendo’s lawyers then replied by stating that they cannot take legal action since they did not buy their console. Therefore, they allege that no damage was done against them. The following ? We will have to wait for the reports since the case is heard this week in a federal court in California.

In any case, this is far from being the first case involving Nintendo. In France, many cases break out, including one in 2019: the UFC-Que Choisir association decides to put Nintendo on notice for planned obsolescence. In 2021 and noting that new consoles still leave the factory with this malfunction, the UFC Que-Choisir takes the matter to European level and joins the European Bureau of Consumers’ Unions (BEUC) to “shed light on this case”.

Take the time to warm up before May 13

Summer is coming. Need to get back in shape? We motivate ourselves, and we warm up in anticipation of the release of Let’s Get Fit on Nintendo Switch. Pre-orders are already open before the arrival date of May 13, 2022. Ready to stay in shape?

The teams of Voxler and exkee joined forces, the first in game music, the second in original games. With the help of the editor Ravenscourtthey now announce the upcoming release of Let’s Get Fit on nintendo-switch. Players will be able to train and maintain their fitness in their living room with the best exercises. The developers also worked together with a medical expertthe Dr. Yann Mossler. The latter talks about the benefits of the upcoming game:

“The benefits of physical activity on overall health (cardiovascular, musculoskeletal and mental) no longer need to be demonstrated. Let’s Get Fit makes it very easy for everyone to play sports at home, thanks to a very well-designed game that adapts to beginners and advanced players with the help of a fun and motivating virtual coach. Designed in partnership between sports and health professionals, the exercises have been designed to be performed safely by the whole family. Improving your physical condition, your weight, your pain, your sleep, your general well-being, is possible with an easy and fun game while staying at home. Let’s Get Fit is a medical treatment that should be reimbursed by social security!”

Let’s Get Fit, structured exercises for everyone

The game gives access to many exercises, and combines the controllers Joy-Con of the Switch with some sports straps. With this precision in the control, the movements can be carried out in an optimal way. Among the whole panel, players will be able to go from gentle gymnastics Has intensive sessions. More than hundred moves fitness will be on the program, all guided by four coaches. They will allow athletes to stay motivated, also recording their progress in a integrated calendar. Everyone will choose their level of intensity to improve their sporting activity and their health at their own pace. For the most competitive, a online ranking rank them according to their performance in the challenges.

Let’s Get Fit finds its release date

Budding athletes with a Nintendo Switch will be able to discover a new game that will make them sweat from May 13 with Let’s Get Fit. In addition to lifting the veil on the release date, the Ravenscourt, Voxler and Exkee teams specify that pre-orders have been launched.

Let’s Get Fit will allow you to enjoy different types of workouts, all using the Joy-Con and straps. This title will be aimed at everyone, whether they are beginners or confirmed, with in particular the presence of a tutorial or many exercises to work all parts of the body in a more or less intense way.