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Québec law firm files latest Nintendo Switch Joy-Con drift lawsuit

Lambert Avocat seeking compensation for all Québec consumers who bought Switch controllers since August 2017

Nintendo faces yet another lawsuit over Joy-Con controller drift, this time filed in Québec.

The case is being handled by local law firm Lambert Avocat, which represents a client who has experienced issues with her controllers since 2018.

The company seeks compensation for all Québec customers who have purchased both the Switch and Switch Lite, as well as any Nintendo produced Joy-Cons and Switch Pro controllers.

Lambert Avocat's client purchased a Switch in November 2017, but noticed the left stick was registering movements without her input after 11 months.

She has since experienced this with the right stick, then the second pair of Joy-Cons she purchased, as well as a Switch Pro controller.

Lambert Avocat is now calling on any other consumers in the area who have suffered the same issues to join the lawsuit. The case is open to people who have purchased the relevant products since August 1, 2017.

The law firm argues that Joy-Con drift "constitutes an important, serious and hidden defect," and violates the Consumer Protection Act, which states goods purchased must be "durable in normal use for a reasonable length of time."

"Nintendo failed to mention an important fact in a representation made to a consumer: the quality of its products, which is a key element likely to affect the consumer's informed decision in purchasing a product," the firm wrote.

The case is currently waiting for authorisation from a Superior Court judge.

It adds to a growing list of similar lawsuits Nintendo faces, which have followed in the wake of a class action suit filed against Nintendo of America back in July 2019.

In recent months, French consumers organisation UFC-Que Choisir has sued Nintendo for planned obsolescence and anti-consumer practices over the drifting issue, while additional complaints have been filed in Northern California and Seattle.

Last month, a group of European consumer organisations called for consumers to report Joy-Con drift issues.

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