Nintendo is making it harder for consumers to sue in its latest EULA update, which adds a class action waiver in section 16 that prohibits users from filing class action lawsuits against the company.
Initially spotted on the Nintendo subreddit and later published by GamesRadar+, the new section of the agreement states:
“This arbitration provision precludes you and Nintendo from suing in court, having a trial by jury, or participating in a class action. You and Nintendo agree that arbitration will be solely on an individual basis and not as a class arbitration, class action, or any other kind of representative proceeding. You and Nintendo are each waiving the right to trial by a jury.”
Rather than holding the company legally accountable in court, Nintendo prefers that dissatisfied users direct their complaints to its Contact Center. Players can opt out of Nintendo’s arbitration clause by mailing a written notice within 30 days of agreeing to the EULA.
If they do, any disputes will follow Section 18, which states that all claims, including those involving intellectual property, are governed by Washington State law and must be resolved in King County courts, with both sides agreeing not to contest the location. If a claim arises between Nintendo and a user, both parties are expected to try resolving it informally in “good faith,” with 30 days for negotiations, or longer if they both agree.
Given the class action suits from 2019 and 2020 over Joy-Con drift, it seems that Nintendo is now trying to get ahead of any similar potential lawsuits.
