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A class action wants Nintendo to pay up for selling Switch video game consoles with allegedly defective controllers.
Zachary Vergara filed the class action lawsuit in Cook County Circuit Court on August 16. He is represented by attorney Eugene Y. Turin, of McGuire Law PC, of Chicago.
The Nintendo Switch console first hit store shelves in March 2017.
In his lawsuit, Vergara claimed the Nintendo Switch "controllers contain a defect that causes the joystick to activate or drift on its own without the user actually manipulating the joystick."
The lawsuit said specifically the issue lies with the directional control of the joystick. The analog stick would incorrectly register user input on its own, without the user actually doing so.
According to the complaint, this alleged defect disrupts the entire use of the game. The lawsuit asked for damages, restitution and injunctive relief on behalf of Vergara and others in his situation. The lawsuit accused Nintendo of selling faulty products and misrepresenting its functionality to unsuspecting consumers.
Vergara said Nintendo has been aware of the alleged defect for quite some time. He added in the complaint: “Defendant failed to, and continues to fail to, disclose the defect to consumers prior to them purchasing its switch and controllers, nor has defendant taken any substantial action to remedy the problem.”
The lawsuit asserts Nintendo engaged in alleged unfair, deceptive and fraudulent practices. The complaint said those who have bought the controllers in question have lost money purchasing devices that do not work. He pointed out buyers either have to return them, if possible, or pay to repair the defect. He added that he along with others in his situation would not have bought the game systems had he known the controllers didn’t work.
Vergara said he specifically had to pay $19.99 for a third party to replace the controller. but that controller also experienced problems. He said he ultimately paid another $14.99 to install two new joystick.
The class would include anyone who bought the Switch controllers in the U.S., while a special subclass would include anyone who purchased it in Illinois.
The lawsuit alleges violations of consumer protection law, the Illinois Consumer and Fraud Deceptive Business Practices Act, breach of express warranty, breach of implied warranty, and unjust enrichment.