For years, Nintendo Switch owners have been complaining of Joy-Con “drift” – a dreaded controller defect in which analog sticks will register inputs (i.e., movement) despite being in a neutral position. The problem became so widespread that a class action lawsuit was filed by attorneys with Chimicles Schwartz Kriner & Donaldson-Smith LLP (CSK&D) in July 2019, but despite reaching arbitration, Nintendo is still adamant about Joy-Con drift being an overblown issue.
According to a recent email sent by CSK&D to affected owners, Nintendo has argued that Joy-Con drift “isn’t a real problem” or “hasn’t caused anyone any inconvenience.” Therefore, users are being urged to provide short video clips to convince arbitrators that the Japanese gaming giant is full of it and should own up to what’s allegedly an obvious defect.
“Thank you for contacting our law firm about the Nintendo Switch Joy-Con Drift litigation,” an email from CSK&D reads. “We are working on putting together a montage of video clips from Nintendo Switch owners such as yourself as a way to give voice to the joy-con drift issues you’ve experienced. This will be helpful to us in responding to Nintendo’s arguments about how this isn’t a real problem or hasn’t caused anyone any inconvenience.”
“In an effort to humanize and demonstrate these issues and their impact on consumers, it would be helpful to our prosecution of the case if you would submit a short (90 seconds or less) video to us describing your experience with the Joy-Con drift on your controllers. You can record it on your phone and email us the video. We will combine the results we receive from all of the consumers who contacted us into a video that we plan to share with Nintendo’s attorneys and the company’s representatives.”
Nintendo’s dismissal of Joy-Con drift in this case is somewhat surprising, being that CEO Shuntaro Furukawa offered a public apology for it during a recent investor Q&A in June 2020. Nintendo has also been offering free repairs of drifting Joy-Cons, which would suggest that there is a legitimate issue.