Nintendo updates EULA to stave off class action lawsuits, asks people to call customer service instead

Just the other day, we noticed that Nintendo updated their privacy policy to let Switch 2 owners know that their audio and video from GameChat may be recorded. This tidbit has caused people to go snooping around Nintendo’s other policies to see what they could find, and another disappointing update has been found in relation to class-action lawsuits.

The Big N has updated their End User License Agreement (EULA) with a rather interesting portion, as it’s asking customers to waive their right to join a class action lawsuit. The EULA doesn’t say why Nintendo is making this move, but you’d have to imagine the class action lawsuits concerning the Switch and Joy-Con drift were major motivators.

Here’s the new portion of Nintendo’s EULA in full:

“This arbitration provision precludes you and Nintendo from suing in court, having a trial by jury, or participating in a class action. You and Nintendo agree that arbitration will be solely on an individual basis and not as a class arbitration, class action, or any other kind of representative proceeding. You and Nintendo are each waiving the right to trial by a jury.”

Nintendo suggests those with issues reach out to customer service instead to solve their problems, with the company saying, “most matters can be quickly resolved in this manner to our customer’s satisfaction.” That said, you are also able to opt out of this arbitration requirement by sending written notice to Nintendo’s headquarters in Redmond, Washington. Please note that you’ll only have 30 days from the day you agree to the EULA to send that notice, so make sure you have it ready to go asap.

Disney had a similar clause in the Disney+ terms, which came to light last year after it was used during a lawsuit a Disneyland customer filed when his wife died from a severe allergic reaction after eating at the park. The company later withdrew its right to arbitration following backlash.

Switch 2 price could still rise, as Nintendo president says the company is racing to beat new tariffs.