With Christmas less than a week away, it is only fitting that we report on a class action lawsuit involving one of the most popular gifts to be given during the holidays. Video game console manufacturer Nintendo is the subject of a consumer class action lawsuit filed in the U.S. District Court for the Northern District of California.
The maker of iconic games such as Donkey Kong, Mario Bros. and Tecmo Bowl is under fire because of the performance of its wireless controllers that come with the Wii U gaming system. Lead plaintiff Joubin Rahimi claims that when he purchased the system last month, he noticed that the controller continually made a rattling noise as if a piece was loose. He allegedly returned the defective gaming system (twice) and each time exchanged it for a new one, yet each new controller had the rattling sound.
Rahimi asserts that he experiences the rattling noise under normal playing conditions and believes that it is a substantial distraction to the gaming experience. When he contacted Nintendo of America and informed them of the defective controller, he was allegedly told that the company was aware of the problem. He claims that company representatives told him that if he held down all the buttons on the controller, the problem would be abated.
Apparently this did not solve the problem. Through his complaint, Rahimi further claims that Nintendo has done nothing to solve the problem and continues to sell defective controllers. The class seeks an injunction and money damages based on violations of California’s Consumer Civil Remedies Act, as well as its Unfair Competition Law.
Source: CourthouseNews.com, Class ‘Disturbed’ by Defective GamePad for Wii, December 17, 2012