France imposes €35 million fine on Nintendo over Joy-Con drift

Background: The "Drift" Defect

At its core, the issue concerns the so-called Joy-Con drift: the analog sticks of the controllers register movement even when they are not being touched. As a result, characters move on their own and cameras rotate unintentionally. Wear on components inside the controllers is considered the trigger. Since the console's market launch, the phenomenon has led to complaints worldwide and to legal disputes in several countries.

The DGCCRF accuses Nintendo of Europe of not transparently informing consumers about defects in certain Joy-Con controllers for the Switch. According to the authority, the company knew about the causes of the defect no later than 2018. However, the authority criticized less the technical defect itself and rather the company's handling of it.

The Authority's Allegations

The French consumer advocates primarily take issue with the timing and clarity of the information. The DGCCRF found that Nintendo only began informing consumers about the drift defect from 2020 onward, rather than at the earlier point in time when the company was aware of the problem. "In the view of the French consumer advocates, the communication about it came too late and was not made with the necessary clarity," the authority explained.

The authority also criticizes that the "delayed and incomplete communication" prevented consumers from making use of Nintendo's customer service. "As a result, numerous consumers bought new controllers even though a repair would have been possible," the DGCCRF added.

Nintendo's Response and the Amount of the Fine

Nintendo had already been offering free repairs for affected Joy-Cons in Europe for several years. Nevertheless, the authority remains dissatisfied with the practice to date. In addition to the fine, Nintendo must publish a notice about the authority's decision on its French website.

The sum is among the highest consumer protection penalties ever imposed in France on a company in the technology and entertainment sector. The original Switch console had been launched in 2017. In total, more than 155 million units of the predecessor model were sold in various versions.

Market Environment and Background

The technically upgraded successor generation, the Switch 2 console, has been on sale since last year. According to company figures, around 20 million units of it have been sold to date. Nintendo is a major Japanese video game company. Whether the current proceedings could have an impact on sales of the new console initially remained unclear.

Nintendo of Europe stated to dpa that accepting the settlement did not constitute an admission of guilt. The company had opted for an amicable solution in order to end the long-running investigation. The fine was reported by Yahoo Tech and other international media.