New Nintendo of America policy asks users to give up their rights to a class-action lawsuit and call customer service instead: “Most matters can be quickly resolved in this manner”
New Nintendo of America policy asks users to give up their rights to a class-action lawsuit and call customer service instead: “Most matters can be quickly resolved in this manner”
by DILands
47 Comments
oosickness
Ah yes, just like with the switch Joycons.
surrealmirror
Damn, and we still dont know if the new joycons will drift as bad as the switch 1, this is kind of a bad sign
Bl4ckb100d
The most litigious company in the gaming industry asks people not sue them
OKgamer01
Good luck upholding that in court. Just because it’s on a TOS doesn’t mean it’s legal
jediporcupine
Litigation is bad?
Fine, but you first Nintendo.
Severe_Improvement41
After joycon drift class action, I can see where they are coming from, but I also hate contractual shenanigans like non compete agreements and arbitration it’s clearly anti consumer and shady.
Severe_Improvement41
After joycon drift class action, I can see where they are coming from, but I also hate contractual shenanigans like non compete agreements and arbitration it’s clearly anti consumer and shady.
nakata_03
Maybe I’m crazy but…this isn’t a good idea. Like, if I am reading this properly, if ANYTHING is wrong with the Switch 2, or your relationship to Nintendo, you will have to go to arbitration. The Arbitration process is (to my limited knowledge) known for favoring the businesses and companies over individuals.
Now I’m not saying that Nintendo should be sued, but this agreement means if you actually means any class action suit, good or bad, is automatically impossible.
redditisnotgood
, joining Sony and Microsoft who have the same policy
Ttm-o
I mean if I ever had a problem with any companies, it easier to get shit done if you go through them than through lawyers. lol.
theKetoBear
How long did people have to share images of Red Ring of Death Xbox 360’s before Microsoft responded and how long did people have to complain about joycons before Nintendo Responded?
I am a Nintendo fanboy but this is not an acceptable ask , If Nintendo sells a faulty product and does not respond then litigation has to be on the table.
nekosama15
Luckily in US law, clauses like that are usually 99.9% of the time unenforceable.
if Nintendo was doing me a service as an individual party for something small and wanted to arbitrate sure. 2 individuals can agree not to sue each other for small matters and go to arbitration.
but as a large company trying to take away millions of peoples right to sue. lol good luck.
if possible that clause would be in every damn contract in the united states.
Cyanide_Cheesecake
Oh. So are they offering to replace my defective joycons for free still?
Cause that’s what **I** want
TheUltimate721
It’s the standard forced arbitration clause that most companies have been trying to force for a while now.
SoftlySpokenPromises
Years of stick drift say otherwise.
clutchrock414
I’m betting that every corporation has this policy. Disney even has it
QweenBowzer
Well Nintendo yall don’t hold off on the lawyers when it comes to consumers so why should we? Yall can stand to lose a couple dollars
CorruptedOps
Nintendo is doing the most scummy anti-consumer business practices ever.
schuey_08
They need to be called out for this.
otakuloid01
hahaha fuck off
AduroTri
Nintendo really has gone down their villain arc.
TrueGlich
well right till some lawyer dose the same thing they did to steam.. and file 50,000 claims all at once..
CapPhrases
And yet when 2K did this? Crickets. Typical Reddit moment
cadwal
I created a mass opt out form that I’ll submit to Nintendo around 5/23.
The EULA stipulates that the user provides identifying information, but does not specify that they need to be submitted individually. I still recommend submitting your own to ensure adherence just in case there is another clause that they use to attempt to invalidate a bulk submission.
ProfessorCagan
I am now much more glad that I bought the warranty Gamestop offered me, I usually don’t, but uh, yeah the new Joycon worry me.
Flabbergasted98
It’s so fucked up that “give up your rights clauses in mandatory terms and conditions checks are even legal.
Digitarch
Calling it now solely based on this: Joy-Con Drift isn’t going anywhere, this is them trying to get ahead of the inevitable revival of the Drift lawsuit.
fakeroyalty
Soooo they didn’t fix the joycon drift then? Lmao
dgls_frnkln
Was excited to purchase a Switch 2 but they are slowly making me not want to purchase it. I never even used my Joy-Cons, but this is scummy.
Cobalt_Spirit
So, to clarify, is only Nintendo of America doing this?
My Joycon issue was NEVER resolved to my satisfaction, Nintendo! Bring on that class action please!!
zenverak
I feel like most of these if egregious enough will be allowed to move forward
cobraa1
Unfortunately arbitration clauses are relatively common, and at least in the USA, are respected by the courts.
If you’re using something made by any number of large corporations, there’s a good chance you need to resolve disputes by arbitration and can’t bring it into court.
No_Meaning_258
It would be a shame if we couldn’t enrich class action plaintiff attorneys by bringing a class action! We might also lose our $2 coupon if we win!
C-Style__
> Users also are given the right to opt out of Nintendo’s arbitration requirement by sending written notice of this decision to the company’s Redmond, Washington HQ; however, you’ll only have 30 days from the day you agree to the EULA to do so.
If this is something you intend to do, time is ticking.
CockroachCommon2077
A TOS does state what can and cannot be liably charged for a crime. If they fucking shoot me but the TOS that I signed states that I can’t sue them for them shooting me. That is legally that enforceable because it’s the god damn fucking law not to shoot someone
Dialexio
“New” you say? The arbitration provision has been in the Nintendo Account User Agreement since the Nintendo Account system was introduced.
sy029
> “Most matters can be quickly resolved in this manner”
Well they aren’t wrong. Customer service rep saying “sorry there’s nothing we can do.” *is* a pretty quick resolution.
gimpycpu
Lets be honest tho, Class actions never really make it to the user pockets, only lawyers make money with it, remember equifax? my data was leaked and I never got compensation for it simply because it was a pain in the ass to do the fillings. Also I moved to a different country and never got the documents for it.
If someone was believed to be done in bad faith the court will always side with the consumer anyway.
Disney did the same thing with the Disney+ TOS and I don’t think it ended up holding up in court when charges were actually filed.
Bob_the_peasant
The reason some Americans click accept immediately is because they don’t care
The others click it because they care but they know it doesn’t matter and a court could rule in either direction with no regard for what it says
Expensive-Bass3653
Keep pirating and hacking Nintendo products.
DocWagonHTR
Yeah, I’m sure you can blitz through loads of cases if you answer each one with, “lol get fucked”.
Setanta68
Nintendo really aren’t doing themselves any favours. I’m not letting go of my Switch, but I doubt I’ll be heading down the path of a Switch 2. Fortunately none of this BS will fly in Australia
47 Comments
Ah yes, just like with the switch Joycons.
Damn, and we still dont know if the new joycons will drift as bad as the switch 1, this is kind of a bad sign
The most litigious company in the gaming industry asks people not sue them
Good luck upholding that in court. Just because it’s on a TOS doesn’t mean it’s legal
Litigation is bad?
Fine, but you first Nintendo.
After joycon drift class action, I can see where they are coming from, but I also hate contractual shenanigans like non compete agreements and arbitration it’s clearly anti consumer and shady.
After joycon drift class action, I can see where they are coming from, but I also hate contractual shenanigans like non compete agreements and arbitration it’s clearly anti consumer and shady.
Maybe I’m crazy but…this isn’t a good idea. Like, if I am reading this properly, if ANYTHING is wrong with the Switch 2, or your relationship to Nintendo, you will have to go to arbitration. The Arbitration process is (to my limited knowledge) known for favoring the businesses and companies over individuals.
Now I’m not saying that Nintendo should be sued, but this agreement means if you actually means any class action suit, good or bad, is automatically impossible.
, joining Sony and Microsoft who have the same policy
I mean if I ever had a problem with any companies, it easier to get shit done if you go through them than through lawyers. lol.
How long did people have to share images of Red Ring of Death Xbox 360’s before Microsoft responded and how long did people have to complain about joycons before Nintendo Responded?
I am a Nintendo fanboy but this is not an acceptable ask , If Nintendo sells a faulty product and does not respond then litigation has to be on the table.
Luckily in US law, clauses like that are usually 99.9% of the time unenforceable.
if Nintendo was doing me a service as an individual party for something small and wanted to arbitrate sure. 2 individuals can agree not to sue each other for small matters and go to arbitration.
but as a large company trying to take away millions of peoples right to sue. lol good luck.
if possible that clause would be in every damn contract in the united states.
Oh. So are they offering to replace my defective joycons for free still?
Cause that’s what **I** want
It’s the standard forced arbitration clause that most companies have been trying to force for a while now.
Years of stick drift say otherwise.
I’m betting that every corporation has this policy. Disney even has it
Well Nintendo yall don’t hold off on the lawyers when it comes to consumers so why should we? Yall can stand to lose a couple dollars
Nintendo is doing the most scummy anti-consumer business practices ever.
They need to be called out for this.
hahaha fuck off
Nintendo really has gone down their villain arc.
well right till some lawyer dose the same thing they did to steam.. and file 50,000 claims all at once..
And yet when 2K did this? Crickets. Typical Reddit moment
I created a mass opt out form that I’ll submit to Nintendo around 5/23.
https://forms.gle/E1w73LaR53rU4h9n6
The EULA stipulates that the user provides identifying information, but does not specify that they need to be submitted individually. I still recommend submitting your own to ensure adherence just in case there is another clause that they use to attempt to invalidate a bulk submission.
I am now much more glad that I bought the warranty Gamestop offered me, I usually don’t, but uh, yeah the new Joycon worry me.
It’s so fucked up that “give up your rights clauses in mandatory terms and conditions checks are even legal.
Calling it now solely based on this: Joy-Con Drift isn’t going anywhere, this is them trying to get ahead of the inevitable revival of the Drift lawsuit.
Soooo they didn’t fix the joycon drift then? Lmao
Was excited to purchase a Switch 2 but they are slowly making me not want to purchase it. I never even used my Joy-Cons, but this is scummy.
So, to clarify, is only Nintendo of America doing this?
Opt-out instructions & letter template in [this](https://www.reddit.com/r/nintendo/comments/1khsiwp/psa_30day_deadline_to_opt_out_of_new_arbitration/) Reddit post.
My Joycon issue was NEVER resolved to my satisfaction, Nintendo! Bring on that class action please!!
I feel like most of these if egregious enough will be allowed to move forward
Unfortunately arbitration clauses are relatively common, and at least in the USA, are respected by the courts.
If you’re using something made by any number of large corporations, there’s a good chance you need to resolve disputes by arbitration and can’t bring it into court.
It would be a shame if we couldn’t enrich class action plaintiff attorneys by bringing a class action! We might also lose our $2 coupon if we win!
> Users also are given the right to opt out of Nintendo’s arbitration requirement by sending written notice of this decision to the company’s Redmond, Washington HQ; however, you’ll only have 30 days from the day you agree to the EULA to do so.
If this is something you intend to do, time is ticking.
A TOS does state what can and cannot be liably charged for a crime. If they fucking shoot me but the TOS that I signed states that I can’t sue them for them shooting me. That is legally that enforceable because it’s the god damn fucking law not to shoot someone
“New” you say? The arbitration provision has been in the Nintendo Account User Agreement since the Nintendo Account system was introduced.
> “Most matters can be quickly resolved in this manner”
Well they aren’t wrong. Customer service rep saying “sorry there’s nothing we can do.” *is* a pretty quick resolution.
Lets be honest tho, Class actions never really make it to the user pockets, only lawyers make money with it, remember equifax? my data was leaked and I never got compensation for it simply because it was a pain in the ass to do the fillings. Also I moved to a different country and never got the documents for it.
If someone was believed to be done in bad faith the court will always side with the consumer anyway.
[Yeah right.](https://x.com/Gamechamp3k/status/1917974566858539015)
Intrigued Australian noises
Yeah… Go ahead and try that
Disney did the same thing with the Disney+ TOS and I don’t think it ended up holding up in court when charges were actually filed.
The reason some Americans click accept immediately is because they don’t care
The others click it because they care but they know it doesn’t matter and a court could rule in either direction with no regard for what it says
Keep pirating and hacking Nintendo products.
Yeah, I’m sure you can blitz through loads of cases if you answer each one with, “lol get fucked”.
Nintendo really aren’t doing themselves any favours. I’m not letting go of my Switch, but I doubt I’ll be heading down the path of a Switch 2. Fortunately none of this BS will fly in Australia