A decision has been made in a lawsuit brought in August 2019 by Nintendo Switch owner Zachary Vergara against Nintendo of America for selling defective Joy-Con controllers that begin to drift independent of user manipulation.

The US District Court for the Northern District of Illinois ruled on Thursday that the case must go to arbitration. This means Vergara must have an arbitrator decide whether he is even allowed to bring suit against Nintendo or whether, upon purchasing a Switch, he consented to the terms of an end-user license agreement that requires arbitration for all claims related to Nintendo’s console and accessories.

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In his suit, Vergara claims that Nintendo has violated consumer protection laws by knowingly selling Joy-Con controllers that are defective, thereby breaching warranty and unjustly enriching themselves. He further stated that he was exempt from Nintendo’s arbitration clause because his case could be handled in small claims court. Nintendo disagreed and moved the case to federal court for judgment.

Nintendo Switch with Mario Kart

Another complaint, a class-action suit filed against Nintendo for the exact same reason in Washington in July 2019, was also recently sent to arbitration. The judge, in that case, rejected Nintendo’s attempt to have the lawsuit dismissed outright, despite the company’s statement that players experiencing issues with drifting Joy-Con controllers should simply contact customer support.

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Source: Nintendo Life