 Man, this Joy-Con drifting is getting crazier and crazier. There are so many lawsuits happening over it now that I don't know how Nintendo is going to continue to get away with this. It definitely appears like I'm assuming sometime in 2021, maybe it's with the introduction of the Switch Pro, that they're finally going to fix the problem with Joy-Cons. I know there's still some people that feel like this is overblown, but as I've seen in my own polls about Joy-Con drift with my own audience, a lot of people are having drift issues. Before we get into the latest update on Joy-Con drift, oh boy, we got to talk about some giveaways. We are giving away a Nintendo Switch, a PlayStation 5, or an Xbox Series X. We are also giving away two copies of Pikmin 3 Deluxe, head on down to the description to find out how to enter. We're also on our road to 100,000 subscribers, and if we hit 100k in 2020, I'll be doing a massive 100 winner, 1,000 person giveaway happening soon, happening January, that's what I meant to say. Alright, a mother and son are suing Nintendo for $5 million over Joy-Con drift. This is a very, very interesting story. Comes from Wired.com, and this is actually stacking on top of already ongoing lawsuits. There is a lawsuit against Nintendo out in France, ran by the government of France talking about how Joy-Con drift is going against consumer law in France. We also have a massive class action lawsuit currently in court in the United States where Nintendo's initial argument against the case is that Joy-Con drift does not exist and has not inconvenienced a single person. Many say that, when Shintura Furukawa has admitted it exists by addressing it at investors' meetings and Nintendo of America because of Joy-Con drift offers free repairs of all Joy-Cons whether in warranty or not. Of course, those repairs are just putting the same faulty control sticks back in the system which means some people have had their Joy-Cons repaired 2, 3, 4 times and they keep drifting. It doesn't really fix the issue, just temporarily fixes it. There are other fixes out there, I've talked about contact solution, rubbing alcohol is another one out there as well. There's electrical contact cleaner, I find it to be a little bit better than rubbing alcohol. It doesn't really matter though, it's all temporary, even if you don't have drift again you will eventually. That contact cleaner solution as an example and the rubbing alcohol both have a water life span of about a year. They do eventually evaporate out of the system and then that coat it created over the pad that gets worn out goes away and then you're back to having the drifting issues. Let's get into this lawsuit because I mean 5 millions, a lot of coin, a lot of coin. So it says a literal child and mom sued Nintendo over Joy-Con Drift. The class action lawsuit alleges that the video game company hasn't done enough to address a known problem with its controllers. A boy and his mother today filed a class action lawsuit against Nintendo for not doing enough. This is the second class action lawsuit ongoing over Joy-Con Drift that affects hardware problems common among Nintendo Switch controllers. It is one of several legal efforts related to the issue of Joy-Con Drift, a phenomenon where the Switch Joy-Con controllers make in-game characters drift even when nobody is moving them. The complaint filed in Northern California was brought on by a woman named Luz Sanchez and her 9 or 10 year old son, not sure which age it is, who as a minor is referred to in court documents as MS. The complaint describes how Sanchez purchased her son a Nintendo Switch in December of 2018 when he was 8. Within a month the complaint alleges Sanchez's controllers began registering in-game movement when his hands weren't on them. Less than a year later it says the Joy-Con Drift became so pronounced that the controllers became inoperable for general gameplay use. Sanchez's mom allegedly purchased another set of Joy-Con controllers but 7 months later the complaint alleges they began drifting too. Joy-Con Drift is pervasive among Switch devices and adorably I have experienced it on two sets of my own controllers. Characters inch left or right as if a ghost was operating the console, Nintendo didn't acknowledge the problem much until July of 2019. That month a threat on Nintendo Switch subreddit calling out Joy-Con Drift received over 25,000 upvotes. More than a dozen Switch owners filed a potential class action lawsuit at the time calling Joy-Con defective. Lawyers said Nintendo had heard users' complaints for long enough. Why didn't the company disclose the issue? The 2019 lawsuit has been moved into arbitration and the plaintiff's lawyers recently asked Switch users to submit videos describing their experiences with Joy-Con Drift to help bolster their case. Last month a French consumer group filed the complaint too alleging planned obsolescence. Nintendo began fixing Joy-Cons for free post-warranty in July of 2019. This is just Nintendo of America by the way. Nintendo's president apologized for the problem in a financial meeting this summer. The Sanchez lawyers argue that Nintendo hasn't done enough to fix the issue or even warn consumers about it up front. Defendant continues to market and sell the products with full knowledge of the defect and without disclosing the Joy-Con Drift defect to consumers in its marketing, promotion, or packaging. The complaint reads, Defendant has a financial motive to conceal the defect as it did not want to stop selling the products and or would need to expand a significant amount of money to cure the defect. The plaintiffs are asking for over $5 million in damages and Nintendo and Sanchez's lawyers declined to comment by press time. It's unclear whether this case will head for arbitration as well, but the plaintiffs have raised an important question about Nintendo's responsibilities. Businesses are obligated to disclose information about a product that would change the value of the product, says Christine Martholomew, a law professor at the University of Buffalo School of Law. If you're going to buy something that's a certain price, the value of the product would be quite different if you knew it would break in six months. If a company has that information and doesn't share it, that would be considered misconduct within reach of the law. MS isn't even the first nine-year-old to sue Nintendo. In 1990, a kid sued both Major League Baseball and Nintendo because of the $40 baseball game he got didn't live up to his expectations. A pretty interesting lawsuit, I doubt he won that one. Joy-Con Drift is less subjective, plus they cost $80 to replace. This was written by Cecilia D'Antosio. As you can see, the interesting part of this lawsuit is the other class action lawsuits more so seeking reparations. It's seeking anyone who joins that class action lawsuit. They're seeking to get refunds over Joy-Cons and stuff like that. Whereas this lawsuit is saying, hey Nintendo, this is different from the other class action lawsuit because the issue isn't just that the Joy-Cons drift, it's that you're not warning consumers. You are putting purposeful, faulty hardware on the market without telling people that the hardware is faulty. Regardless of free repairs being offered, the idea, of course, is that Nintendo knows that the Joy-Cons are breaking, knows they can get away with it and are doing it to gain higher profit margins, not just in selling the initial system, but getting consumers like the person on this lawsuit to buy multiple Joy-Con controllers. Again, massive issue with this for Nintendo. It's a big issue guys. Joy-Con drift isn't going away. There's a reason that every time I cover Joy-Con drift, it ends up being one of my most watched videos for that week. Because Joy-Con drift is affecting a lot of consumers, a lot. Every time I do a poll over Joy-Con drift, over 60% of respondents have experienced it. I realize some of you out there are very fortunate to not have experienced Joy-Con drift. I don't know why you're not experiencing it and some people are. People have torn apart Joy-Cons that don't have it and torn apart Joy-Cons that do. There doesn't appear to be a design difference between the two. We've been able to find out where the flaw is with the pad that's inside the controller. One pad gets a dent in it, the other one doesn't. We aren't sure exactly what motion it's in. We don't really know what motion it is that causes it. All we know is that it happens. Nintendo's acknowledged it and they haven't done anything about it as we head into year 4. Guys, as of March 3rd of 2021, we are in the 4th year of Switch being on the market without Nintendo fixing this. Knowing it exists, admitting to it, having the president respond this past summer, offering free repairs back in July. This is a well known issue. Nintendo has acknowledged that Joy-Con drift is real, even if their legal arguments at the moment are saying that it's fake news. It doesn't matter. Nintendo has admitted to it but have done nothing to fix it. Now I did note there is a potential Switch Pro coming next year and maybe all of Nintendo's eggs are in that basket and that's the system that has updated Joy-Cons that end up fixing this issue. Really possible that is the case. In cases like that, they can then take the system and have the Joy-Cons and that be compatible with the old Switches, stop selling the new Joy-Cons, replace all future systems they create with the new ones, not the old versions but the new version, and then we can finally argue Nintendo has done something about it. But as of right now, Nintendo has done nothing. They are just in deny, deny, deny legally while publicly saying something completely different and acknowledging it's issue but not doing anything to fix it. They've had three years to update the Joy-Con controller and the only thing they did fix was the left Joy-Con connection issues. They ran the antenna the opposite direction so it has a better connection to the platform when used in the, you know, basically wirelessly from the system in TV mode or tabletop mode. That's great but you fix that quickly but you didn't fix this flaw quickly. And maybe it's not a quick fix because of how small the controllers are, maybe it is difficult to redesign them. And this person is arguing that instead of, you know, forcing Nintendo to redesign them, warn people about it. You know, put a warning on the package or an insert in the manual or something that says, hey, your Joy-Cons might begin to fail, you know, within a year or more of purchase but we do offer free repairs. Here's the number to call to get free repairs but none of that information is actually publicly there. You can find this information on the internet but you can't find this information literally on the package or included in the packaging which honestly, according to that one person, that one lawyer is against the law. Nintendo is knowingly selling faulty hardware with no warnings, ruining the value of that purchase. These Joy-Cons are $80 a pair. Nintendo man, I'm not going to let this go. I know some people are sick of talking about Joy-Cons, but I refuse to let go of a major issue that I have experienced myself. Yes, my most recent Joy-Cons are not drifting yet. But they will. I have faith by the end of next year they probably will be drifting. Needs to be fixed Nintendo. Thank you so much for tuning in. I am Nintendo RoboJance from Nintendo Prime. I sincerely hope these lawsuits go through. I rarely cheer for Nintendo to lose in court cases, but these are the kind of cases that hold Nintendo to higher standards than they're holding themselves to. That's sad because Nintendo usually has very high standards for their hardware. So fix it, Nintendo. Even if you release the fix with a pro, when you announce the pro, say you're fixing it, do something besides just offering free repairs that most people aren't even aware exist. Alright folks, thank you so much for tuning in. I am Nintendo RoboJance from Nintendo Prime. It's been fun and I'll catch you in the next video.