SEATTLE (Legal Newsline) – A California man has filed a class action lawsuit against Nintendo claiming the company continues to market and sell defective Switch game controllers.
According to the July 19 U.S. District Court for the Western District of Washington at Seattle filing, Ryan Diaz filed the complaint against Nintendo of America Inc. alleging violations of the Magnuson-Moss Warranty Act, California consumer laws, the Song-Beverly Consumer Warranty Act, breach of express warranty and unjust enrichment.
The plaintiff alleges he purchased a Nintendo Switch game system with its Joy-Con controllers, which were launched by the company in March 2017. The plaintiff alleges a defect in the controllers affects game play because the joystick moves or "drifts" on its own and causes the game to be manipulated after about 11 months of use.
The plaintiff also argues that Nintendo was made aware of the defect in its product through customer complaints as well as through the company's own testing but failed to disclose it or repair the controllers.
The plaintiff seeks certification of the proposed class/subclass, a temporary and permanent enjoining order, injunctive relief by recall or free replacement, equitable relief through buyback as well as costs, restitution and punitive damages and penalties. The plaintiff is represented by Kim D. Stephens, Jason T. Dennett and Kaleight N.B. Powell of Tousley Brain Stephens in Seattle.
U.S. District Court for the Western District of Washington case number 2:19-cv-01116