Nintendo's policy of banning Switch 2 consoles from online services has sparked controversy in Brazil, where consumer protection authorities have taken legal action against the company.
Brazilian regulators contend that Nintendo's revised user agreement, which enables broad restrictions on Switch 2 functionality, infringes on consumers' rights to services they've purchased.
Procon-SP, São Paulo's consumer protection agency, has formally demanded Nintendo remove this contentious clause from its terms of service.
Procon-SP confirmed it filed a complaint with Nintendo of America, and that the gaming giant has assigned legal counsel to address the matter.
Since the Switch 2's launch last month, reports of banned consoles have emerged regularly. Affected users suspect these bans relate to flash memory card usage – particularly the MIG Switch device known to facilitate game piracy.
Alarmingly, one consumer reported purchasing a pre-banned Switch 2 from an established retailer, raising concerns about banned units circulating in the secondhand market. According to those affected, Nintendo support representatives have stated these bans are irreversible.
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Banned Switch 2 consoles display error code 2124-4508 when attempting online access. Affected systems lose functionality including digital game downloads, Game-Key cartridge play, system and game updates, online multiplayer, GameChat communication, and all Nintendo Switch Online features - including its retro game libraries.
These represent core functionalities consumers reasonably expect, particularly those paying for Nintendo Switch Online subscriptions - a key point in Procon-SP's argument.
IGN reached out to Nintendo for clarification on the ban policy but received no response.
Procon-SP notes Nintendo of America has committed to responding within 20 days. Meanwhile, affected Brazilian consumers can report issues through Procon-SP's official website.
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