Nintendo allegedly arguing Joy-Con drift “hasn’t caused anyone any inconvenience” in a class-action lawsuit

The law firm behind the class-action suit is appealing to Nintendo fans to prove them wrong…

by Oliver Barsby
NintendoJoyCon

Nintendo is reportedly defending itself in a class-action lawsuit against its Joy-Con drift defects by claiming the issue “isn’t a real problem” and “hasn’t caused anyone any inconvenience. This comes from Chimicles Schwartz Kriner & Donaldson-Smith LLP (CSK&D), the law firm that filed the class action suit against Nintendo in 2019.

The issue of Joy-Con drift has been ongoing since just months after the Nintendo Switch’s launch in 2017, when users noticed that their controllers would register inputs without them touching the device.

The class action lawsuit accuses Nintendo of allegedly knowing about the Joy-Con’s defective hardware. Judge Thomas S. Zilly approved Nintendo’s bid to compel the suit to arbitration but refused to dismiss the case entirely.

And now, as the suit continues onwards, CSK&D are asking Nintendo Switch owners for help…

READ MORE: The best and WORST icons for Nintendo Switch games, as revealed by a fan vote

Law firm asks Nintendo fans for help disproving that Joy-Con drift “isn’t a real problem”

Posting on the r/NintendoSwitch subreddit, one user shared an email received from the law firm that detailed how Switch owners can help the class-action suit against Nintendo.

“We are working on putting together a montage of video clips from Nintendo Switch owners such as yourself as a way to give voice to the joy-con drift issues you’ve experienced,” the firm stated. ” This will be helpful to us in responding to Nintendo’s arguments about how this isn’t a real problem or hasn’t caused anyone any inconvenience.”

“In an effort to humanize and demonstrate these issues and their impact on consumers, it would be helpful to our prosecution of the case if you would submit a short (90 seconds or less) video to us describing your experience with the Joy-Con drift on your controllers.”

The firm also described what should be included in the video, such as your history with Nintendo, whether your Joy-Cons were successfully fixed by Nintendo Support, and whether this issue has impacted your confidence in Nintendo as a brand.

They also state that the deadline for submissions is October 16.


READ MORE: Nintendo Switch Joy-Con drift: how to fix a broken Switch controller

Is Joy-Con drift a ‘real problem’?

While Nintendo’s legal team may have allegedly used this wording in the class action battle, it appears Nintendo’s executives have taken a more humble approach to the issue.

Speaking in a Q&A with investors, Nintendo president Shuntaro Furukawa said “We apologize for any inconvenience caused to our customers regarding Joy-Con controllers,” according to translations from VGC.


Indeed, it now appears that Nintendo’s Support Team will offer to fix any Joy-Con defects for no charge, even after warranty has expired. 

As litigation and arbitration continues, we’ll keep you posted with any outcomes and updates.

READ MORE: Nintendo Switch trade-in: How much can you get for trading in a Switch console?

Oliver Barsby