According to the agency, these clauses allow the company to unilaterally cancel user accounts and permanently disable Switch 2 units for any “unauthorized use,” which Procon-SP argues violates Brazil’s Consumer Code. The policy grants Nintendo the power to render consoles “permanently unusable” without any clear criteria, which is seen as oppressive and legally problematic.
Another criticized provision forces consumers into mandatory individual arbitration, effectively barring them from taking legal action in Brazilian courts, including collective suits. Procon-SP views this as further infringement of consumer rights.
The company stated that it is reviewing Procon-SP's concerns and will provide an official response within 20 days.
Context:
In the past, Sony banned a user's PS5 for similar reasons. The user filed a lawsuit, and Sony was forced to unban the console, as it goes against the Bazilian consumer law. The company can restrict access to online content but can't render the console unusable.
Edit: repost because of rule 6
by FuhrerThB