If you click on a link and make a purchase we may receive a small commission. Read our editorial policy.

Curious class-action lawsuit may see kids suing Nintendo

Over Switch Joy-Con drift.

Parents attempting to sue Nintendo are getting their kids involved in a class-action lawsuit.

The unusual legal situation has arisen as Nintendo and the parents tussle over the latter's ability to get the lawsuit off the ground (thanks, Axios).

And, once again, it's the notorious problem of Nintendo Switch Joy-Con controller drift at the root of the issue.

The proposed lawsuit is being instigated by two mothers who bought Nintendo Switch consoles for their kids.

Nintendo lawyers say the parents waived their rights to sue, per clauses in the Nintendo Switch console's End User License Agreement (EULA).

The parents responded by saying the case should proceed on behalf of their kids, who as minors cannot agree to said EULA.

And now Nintendo has responded again - this time to say the kids can't get involved as they were not the purchasers of the Switch and, so far, "allege no cognisable harm to themselves".

The case is being heard by a federal court in California, which will look again at the matter this week.

Nintendo has previously apologised for Switch Joy-Con drift and said it was "continuing to aim to improve our products" following numerous complaints.

Last year, the European Commission said it was considering potential action against Nintendo for itself.

Topics in this article

Follow topics and we'll email you when we publish something new about them.  Manage your notification settings.

About the Author
Tom Phillips avatar

Tom Phillips


Tom is Eurogamer's Editor-in-Chief. He writes lots of news, some of the puns and makes sure we put the accent on Pokémon.

Eurogamer.net logo

Buy things with globes on them

And other lovely Eurogamer merch in our official store!

Explore our store
Eurogamer.net Merch