Nintendo Joy-Con Controller Class Action
In March 2017, Nintendo launched the Switch video gaming system and console. The console package contains two wireless Joy-Con controllers; additional Joy-Con controllers can also be purchased separately. Tousley Brain Stephens and co-counsel Chimicles Schwartz Kriner & Donaldson-Smith LLP represent Plaintiff Ryan Diaz, who alleges that the Joy-Con controllers are defective. Specifically, the joystick on the Joy-Con suffers from a defect that results in it “drifting” on its own, i.e., affecting gameplay as if it had been touched but without actually having been touched by the user. Many consumers report experiencing drift on multiple Joy-Con controllers, including replacement controllers they purchased separately from their Switches, and on Joy-Con controllers that Nintendo reportedly repaired for them.
On July 19, 2019 Tousley Brain Stephens filed a class action complaint against Nintendo for failing to disclose the defect to consumers.