VICE Games have seen an internal memo from Nintendo that advises customer service representatives that they should not charge customers seeking Joy-Con repairs and anyone who has been charged should get a refund.
“Customers will no longer be requested to provide proof of purchase for Joy-Con repairs,” the internal customer service documentation reads. “Additionally it is not necessary to confirm warranty status. If a customer requests a refund for a previously paid Joy-Con repair […] confirm the prior repair and then issue a refund.”
The documentation also includes responses to frequently asked questions by customers such as “Will Switch Lite have drifting?” to which the answer is “We expect our hardware to perform as designed.”
“We want to quickly handle these questions to restore consumers smiles,” reads another line.
Nintendo have not commented on the leaked documentation but have responded with the same statement it released to the media over the past few days.
At Nintendo, we take great pride in creating quality products and we are continuously making improvements to them. We are aware of recent reports that some Joy-Con controllers are not responding correctly. We want our consumers to have fun with Nintendo Switch, and if anything falls short of this goal we always encourage them to visit http://support.nintendo.com so we can help.
The issue has come to the fore due to an article on Kotaku and more recently, a law suit against Nintendo.
Ryan Davis, via law firm Chimicles Schwartz Kriner & Donaldson-Smith, is claiming that Nintendo “fails to disclose the defect and routinely refuses to repair the joysticks without charge when the defect manifests and never disclosed this material defect to consumers.” They go on to describe Nintendo’s failure to disclose the problem as “unfair, deceptive and/or fraudulent.”
Mr. Davis’ Joy-Cons started drifting after eleven months and he sent them for repair as the were covered by warranty, but three months after the controllers were returned so did the drifting. He also claims a second set of controllers also incurred the fault after thirteen months. Davis is after monetary compensation but also demands “declatory relief” in regards to Switch owners rights