Nintendo Switch Joy-Con Drift Class Action Lawsuit Claims Joy-Cons are 'Defective'

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The law firm of Chimicles Schwartz Kriner & Donaldson-Smith have amended its class-action lawsuit on behalf of anyone who purchased a Nintendo Switch

"The Amended Complaint alleges that the Joy-Con controllers are defective, leading to a phenomenon known as 'drift.'" The Amended Complaint also claims that Joy-Cons are in breach of warranty, fraud, and "violations of numerous state consumer protection statutes."Original story follows:

What is Joy-Con Drift and Is There a Fix?

What Has Nintendo Said About Joy-Con Drift?

“At Nintendo, we take great pride in creating quality products and we are continuously making improvements to them. We are aware of recent reports that some Joy-Con controllers are not responding correctly. We want our consumers to have fun with Nintendo Switch, and if anything falls short of this goal we always encourage them to visit https://support.nintendo.com so we can help.”

Will the Switch Lite Joy-Cons Also Drift?

Nintendo Switch Joy Con Colors updated 9 IMAGES

Nintendo could find itself the target of a class action lawsuit over the drift problem found in its Nintendo Switch Joy-Cons.The law firm of Chimicles Schwartz Kriner & Donaldson-Smith (CSK&D) has filed a class action lawsuit against Nintendo in the United States District Court for the Western District of Washington. CSK&D allege that Nintendo's Joy-Cons violate "various consumer protection statutes as well as various warranty and common law claims."The law firm asserts that the Joy-Con controllers are “defective” as a result of drifting, or where the Joy-Cons “automatically register movement when the joystick is not being controlled by the user and interfere with gameplay.”CSK&D currently has a form on its website asking users affected by the Nintendo Joy-Con drift to submit their information for the class action lawsuit.CSK&D already defined drift as the Joy-Cons registering input where there is none. In practical terms, this could manifest when you’re playing a game and suddenly the reticle or character moves towards one direction without your input.This is a very annoying problem, and one that's appeared early on in the Nintendo Switch life cycle. There's also seemingly no permanent solution.One Joy-Con teardown published on Reddit by user u/rainbopython back in April claims that the drift problem could be caused by wear-and-tear over time. Though it's still not clear what actually causes the controllers to drift.We’ve reached out to Nintendo to ask about the Joy-Con drifting issue, and the company has issued the following statement:We also reached out to Nintendo about the class action lawsuit, but the company responded: “We have nothing to announce on this topic.”One of the major worries of the Joy-Con drift issue actually pertains to the upcoming Nintendo Switch Lite . Unlike the current Nintendo Switch, which has removable and replaceable Joy-Cons, the controllers on the Switch Lite are permanently attached.So if the thumbsticks on the Switch Lite begin to drift, users might have no choice but to send their entire Switch consoles in for repairs. When we asked Nintendo about the possibility of drift on the Switch Lite or any of the new Joy-Con colors , the company offered this short statement: “We expect our hardware to perform as designed.”Nintendo is at least aware of the Joy-Con drift issue, but it seems customers aren’t satisfied with that response. CSK&D has also seen enough complaints over the Joy-Con to open a class action lawsuit in the first place. We will have more info on the developing case as details emerge, so check back with IGN for more on the Joy-Con drift controversy.

Matt Kim is a reporter for IGN. Got a tip? Send an email to [email protected] or reach out on Twitter

SMA2343 on September 28th, 2019 at 21:00 UTC »

I wouldn’t be mad if the joy cons had drift after 6/7 years after 8 hours of play a day.

But it’s only been 2 years and 6 months, I don’t use my switch that often because of school and I got the drift as well. It shouldn’t had been a problem. It was an oversight

AKThrowa on September 28th, 2019 at 20:31 UTC »

Wow, can't wait to apply to get my $2.79 check in the mail.

Kewkewmore on September 28th, 2019 at 18:03 UTC »

Joycons are defective. It's a disgrace.