A class-action lawsuit is no longer exclusive to the United States. Now, their northern neighbours are about to go into the same issue.
The Joy-Con‘s drifting is the reason behind it (in short: the detachable Nintendo Switch controllers register an input on the analogue stick – mostly on the left Joy-Con -, even though you no longer use the stick), so Lambert Avocat Inc., a Canadian law firm, justified the class-action lawsuit with the following reasons:
„The consumers wouldn’t have brought the defective gaming systems or controllers or wouldn’t have paid such high price, had they known their reduced product lifespan because of the defect. The defect prevents the products in performing a function for which they were bought for and causes inconvenience to consumers. The defect was not revealed by Nintendo. The consumers were not able to detect the default [sic!] through an ordinary examination of the products.” We need to explain that last point: that’s a mistranslation – they meant to write detect the default. Défaut is how you write „defect” in French. Since this law firm is set in Quebec, such a mistake can happen to anyone. If you bought a Nintendo Switch, a Nintendo Switch Lite, or Joy-Con or Pro Controllers since August 1, 2017 in Quebec, you can contact them.
The class-action lawsuit is awaiting authorization from a Superior Court of Quebec judge to proceed. Until then, Lambert Avocat is collecting information about the Joy-Cons’ drifting via an online questionnaire. Last year, Shuntaro Furukawa, the president of Nintendo, apologized for the Joy-Con drift issue, but the big N has likely done nothing behind the scenes to fix the problem. The company, however, did respond quickly to the US lawsuit by offering free Joy-Con repairs, and they now sell single Joy-Cons, too. (But these are just temporary fixes.)
We previously wrote about how Nintendo may have intentionally designed its hardware to be more suspect to wear and tear (for instance, dust particles can get into the Joy-Con) so that the customers are forced to buy more of the same hardware over and over due to them breaking down earlier than they should.