Nintendo is facing a legal challenge from a Brazilian consumer watchdog, which claims that clauses in its end-user license agreement pertaining to restricting user access to online services are “abusive.”
As spotted byDexerto,Procon-SPhas contacted Nintendo to request changes to clauses “considered abusive” in the contracts signed by Brazilian consumers. As it emerged last month, Nintendo’s updated user agreement, which users are required to agree to in order to use the console, allows Nintendo to disable your online account, restrict access to certain services, or even brick your console if you fall foul of its stringent copyright rules.
Procon-SP says its main complaint pertains to “the unilateral and unjustified cancellation of subscriptions to the company’s services,” and further warned consumers that protections were limited because Nintendo has no formal representation in Brazil. As such, it has had to contact Nintendo’s U.S. headquarters, after which Nintendo appointed a Brazilian law firm to handle the dispute.
The news is pertinent, givenNintendo has already started nuking Switch 2 user accountsover use of the controversial Mig Flash card. As we’ve previously reported, the specialized cartridge mimics a Nintendo Switch 2 cartridge, allowing users to store multiple game ROMs or backups on a microSD. While this hasobviousnefarious applications when it comes to piracy, Switch 2 users claim they are being banned for using dumps of their own cartridges, which is something of a legal grey area.
Nintendo says it will review the Procon-SP request and respond within 20 days. The Switch 2 has seen unprecedented demand since launch, smashing the company’s sales record for a console’s opening weekend. Indeed, it’s so hard to get hold of thatNintendo’s president even issued an apology over the shortage.
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Stephen is Tom’s Hardware’s News Editor with almost a decade of industry experience covering technology, having worked at TechRadar, iMore, and even Apple over the years. He has covered the world of consumer tech from nearly every angle, including supply chain rumors, patents, and litigation, and more. When he’s not at work, he loves reading about history and playing video games.
