On September 27, 2019, CSK&D filed an Amended Complaint on behalf of 18 plaintiffs from 16 different states against defendant Nintendo of America, Inc. The lawsuit seeks class action status on behalf of consumers who purchased Nintendo Switches, Switch Lites, and separate Joy-Cons. The Amended Complaint alleges that the Joy-Con controllers are defective, leading to a phenomenon known as “drift.” Specifically, it is alleged that when a user experiences drift, the joystick on the Joy-Con controllers will automatically register movement when the joystick is not being touched by the user, causing significant interference with gameplay. The Amended Complaint asserts claims for breach of warranty, fraud, and violations of numerous state consumer protection statutes.
CSK&D has also been appointed interim co-lead counsel by the United States District Court for the Western District of Washington in this case.
If you would like more information about this case, please either fill out the intake form or contact the attorneys below. A copy of the Amended Complaint can also be accessed by clicking here.