Nintendo says WiiMote class action lawsuit is ‘without merit’

Posted December 22, 2006 at 07:51 AM by PJ Hruschak

Section: Tech News, Gaming, Console

Although the Japanese game company has already begun its replacement program for the admittedly defective WiiMote wrist straps, a national class action lawsuit was apparently filed against the Washington-based Nintendo of America before the replacement program was announced. The lawsuit was filed on December 6, 2006, by class action lawsuit specialists, Green Willing LLP, in the U.S. District Court for the Western District of Washington and contains language that alleges Nintendo violated the Consumer Protection Act by engaging in “unfair and deceptive practices” due to the “defective nature” of the straps.

The suit calls for an injunction that would require Nintendo to correct the defect (aren’t they doing that already) and “provide a refund to the purchaser or to replace the defective Wii remote with a Wii remote that functions as it is warranted and intended” (wouldn’t that be solved with the strap replacement?). The timing does seems to indicate that Nintendo responded by recalling the WiiMotes, though Nintendo has indicated that the lawsuit is “without merit” and they were taking action before they were alerted of the lawsuit. Hmmm…

Read [GameDaily] Read [Green Welling LLP]