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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.
And while Nintendo has confirmed that the new Joy-Con 2 controllers are designed from scratch with new sticks (although they don't have Hall effect sticks), there's been no confirmation that the problem is fixed for Nintendo Switch 2.
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.
Disney had a similar clause in the Disney+ terms, which came to light last year after it was used during a lawsuit a Disneyland customer filed when his wife died from a severe allergic reaction after eating at the park. The company later withdrew its right to arbitration following backlash.
