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New Nintendo of America policy asks users to give up their rights to a class-action lawsuit and call customer service instead: "Most matters can be quickly resolved in this manner"
Nintendo of America's latest End User License Agreement (EULA) includes a new segment asking users to agree to waive their right to join a class action lawsuit against the company.
During the lifespan of the Nintendo Switch, Joy-Con drift was a hot topic, and one that got Nintendo a lot of heat from fans. It was the subject of two class action lawsuits – filed in 2019 and 2020 – that were eventually dismissed.
Regardless of whether it's fixed or not, Nintendo clearly wants to avoid more class action legal issues, as a user on Reddit pointed out about the latest EULA for US Nintendo accounts.
Clause 16 of the EULA reads: "This arbitration provision precludes you and Nintendo from suing in court, having a trial by jury, or participating in a class action. You and Nintendo agree that arbitration will be solely on an individual basis and not as a class arbitration, class action, or any other kind of representative proceeding. You and Nintendo are each waiving the right to trial by a jury."
Nintendo does give users some other options to resolve issues through, such as contacting customer service, about which the company says, "Most matters can be quickly resolved in this manner to our customer’s satisfaction."
Users also are given the right to opt out of Nintendo's arbitration requirement by sending written notice of this decision to the company's Redmond, Washington HQ; however, you'll only have 30 days from the day you agree to the EULA to do so.
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Scott has been freelancing for over three years across a number of different gaming publications, first appearing on GamesRadar+ in 2024. He has also written for the likes of PC Gamer, Eurogamer, VG247, Play, TechRadar, and others. He's typically rambling about Metal Gear Solid, God Hand, or any other PS2-era titles that rarely (if ever) get sequels.
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