Asked what this coordinated action could involve, the EC spokesman pointed out previous cases in which companies were forced to change their practices after being considered to have infringed EU consumer law. The original complaint called for Nintendo to offer free repairs to existing Joy-Cons and to change the design on future models to avoid deviations – the EC made no mention of what it could impose.
Didier Reynders, Commissioner of Justice, provided a statement on the investigation centered on the idea of early obsolescence, in which companies are seen to create products that start failing early, needing replacement or repair:
“Early obsolescence is a growing concern for all consumers. The Commission is determined to act against these trends and to empower consumers in the transition to the environment. We are preparing a new legislative initiative with the aim of providing consumers with better information on the sustainability of products, including durability, and better protection against certain practices, such as early obsolescence. “
It is not the first time that Nintendo has been examined by the EC. In 2002, the Commission imposed a fine of 149 million euros for setting prices on the company, which was subsequently reduced to 119 million euros on appeal. The EC has also recently imposed fines on several gaming companies, including Valve, for geo-blocking games on digital services.
The European Consumer Organization has filed a complaint with the European Commission about Nintendo Switch Joy-Con Drift and is calling for an “investigation across Europe” on the matter.
The European Consumer Organization (BEUC) revealed the news on the organization’s website, noting that “almost 25,000” complaints have been made by Switch owner consumers across Europe. If you’re not familiar with the Joy-Con drift, that’s when the analogue levers on the console’s controllers register movements without input from the player.
The article reports that, according to consumer testimonials, “in 88% of cases, game controllers broke in the first two years of use”. This led BEUC to file a complaint with the European Commission and national consumer protection authorities “for premature obsolescence and misleading omissions of essential consumer information”.BEUC is calling for an “investigation across Europe” into the Joy-Con Drift problem, asking Nintendo to “urgently resolve premature product failures”. The article also suggests that defective controllers should be repaired free of charge by Nintendo.
According to the letter of complaint submitted, BEUC is asking the European Commission to “invite national authorities to investigate Nintendo’s practices in their countries, launch coordinated law enforcement action and issue a joint position, which they should ask the company that changes the product design, to effectively prevent its early obsolescence and, until then, to repair this product free of charge and adequately inform consumers about the limited service life of Joy-Con controllers. “
“Consumers assume that the products they buy will last for an adequate period according to justified expectations, not having to pay for expensive replacements due to a technical defect,” said Monique Goyens, Director of BEUC. “Nintendo must now come up with appropriate solutions for the thousands of consumers affected by this problem.”
Nintendo has faced legal problems on the subject in Europe, Canada and the United States recently, with Canadian law firm lambert Avocat filing a class-action lawsuit against Nintendo in January of this year.
Jordan Oloman is a freelance writer for IGN. Follow him on Twitter.