It has been revealed that a class action lawsuit is being prepared against Nintendo in regards to defects in their JoyCon controllers.

The defect in question, commonly called drifting, is a regular occurrence with the Switch motion controllers. After a period of use, a JoyCon’s thumbstick will often start to input a specific direction all by itself. This issue is often the result of particles – either foreign, or tiny fragments of the controller itself – getting in between the stick and the directional triggers beneath it.

Californian law firm, Chimicles Schwartz Kriner & Donaldson-Smith (also known as CSK&D), asserts that this is a serious issue, not only because of the defect itself, but in the way Nintendo has handled it. Nintendo “…fails to disclose the defect and routinely refuses to repair the joysticks without charge when the defect manifests and never disclosed this material defect to consumers,” CSK&D claims.

The firm, which specialises in class action lawsuits, goes on to state that Nintendo’s practices on the matter are “unfair, deceptive and/or fraudulent” and that by pursuing a class action lawsuit they hope to “redress [Nintendo’s] violations of California consumer fraud statutes, negligent misrepresentation, breach of implied warranty [and] unjust enrichment.”

The full complaint, instigated by one Ryan Diaz, accounts numerous instances of drifting. Ryan’s own account states that he sent his initial JoyCons for repair, only for drifting to resume within three months of return – and that an additional set of JoyCons began to experience the same issue as well.

The law firm has a contact form set up for American citizens who wish to join the lawsuit, and it may be found here.

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