Nintendo Sued for Allegedly Bricking Switch 2 Consoles at Will

Brazil’s consumer protection agency is taking action against Nintendo regarding the terms outlined in its End-User License Agreement (EULA).The agency’s concerns center around clauses that grant the company the authority to permanently disable consoles from accessing online features.

In a press release issued on June 25, Procon-SP, the São Paulo division of Brazil’s Consumer Protection and Defence program, has formally requested that Nintendo amend its EULA. They categorize certain provisions as “abusive”in accordance with Brazilian law.

The primary issue revolves around Nintendo’s capacity to impose a permanent ban on platforms like the eShop and online gameplay whenever the company suspects a breach of its terms. This includes the use of unauthorized accessories or pirated software—a practice often referred to as ‘bricking’.

Should a console be subjected to this bricking process, users will encounter a 2124-4508 error code, rendering them unable to access online features. While the system can still be used offline, the policy has led to instances where fans unknowingly purchase second-hand consoles that have already been impacted.

What Comes Next?

Procon-SP asserts that terminating subscriptions or services without prior notification constitutes a violation of consumer protection laws. Notably, Nintendo lacks a formal legal presence in Brazil, compelling the agency to engage with the company’s U. S.-based headquarters to initiate discussions.

In response, Nintendo has engaged a local law firm solely for this specific case.Álvaro Camilo, the Director of Service and Guidance at Procon-SP, emphasized that having a local representation should influence consumer purchasing choices.

As for whether Nintendo will be willing to amend its policies, the future remains uncertain. The company has 20 days to provide a response to Procon-SP’s request.

Source & Images