A long-running class-action lawsuit against Nintendo over Joy-Con drift has ended, and Switch owners should not be expecting a check in the mail. US District Judge William Alsup dismissed the case, ruling that the plaintiffs are bound by the arbitration clause in Nintendo’s EULA and, therefore, cannot file a lawsuit.
The case was originally filed in 2019, not long after it became clear the Joy-Con drift issue wasn’t going away. At the time, Nintendo was still playing dumb and charging Switch owners to repair their drifting thumbsticks. Following the class-action filing, Nintendo began repairing Joy-Cons for free. However, it has not modified the Switch controller design, even after several console refreshes.
In early 2022, the court ruled that the parents who brought the suit were not allowed to pursue the case. According to the court, they had agreed to the EULA when purchasing the console and giving it to their children to set up. In an unusual twist, the parties attempted to shift standing to their children, who they argued were not bound by the EULA. However, the court has ruled (PDF) that the parents are technically the owners of the devices, and they cannot sue on behalf of their minor children. Since the user agreement forces the use of arbitration, that’s the only route available to the plaintiffs.
While there are still several arbitration proceedings stemming from the Joy-Con drift fiasco, you should not expect any changes and surprise checks in the mail. The free repairs are probably the best we will get, and many Switch owners will take advantage over the life of the hardware. A recent analysis shows drift is a result of a design defect. The potentiometers inside the controller degrade from friction over time, leading to an incorrect position reading. Thus, the thumbstick reports movement when at rest. Thankfully, Joy-Cons are removable, which makes repairs less of a hassle. On the flip side, the Switch Lite also suffers from drift, and its controllers are non-removable.
If you are fed up with Joy-Con drift, your only recourse is to replace the thumbsticks completely, and parts are available. GuliKit makes Joy-Con thumbstick assemblies that use Hall effect sensors that should never wear down, but the kit is in short supply. The Amazon listing shows a delivery date several weeks out at this time.
Now read:
- Nintendo Admits Joy Con Drift Is Not Entirely Fixable
- The PlayStation 5 DualSense’s Joystick Drift Is Only Going to Get Worse
- New Nintendo Switch App Turns Console Into a Mini-Tablet
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