Matthew Lickona 11:49 p.m., Dec. 10
Nintendo sued over "annoying" controller rattle
Local lawyer brings federal class action against video game giant for alleged failure to disclose/correct product defects in new "Wii U" gaming system
San Diego lawyer Roy Katriel and his client Joubin Rahimi have launched a class action suit against Nintendo in federal court, claiming that the company’s new Wii U controller rattles annoyingly while in use.
The GamePad controller is the big selling point of Wii U, which retails for between $300 and $350. The controller features “a built-in, 6.2-inch touch screen, motion sensor, ‘rumble’ feature, two analog thumb sticks and two back-side triggers,” per the complaint.
But after exchanging his new system at Best Buy three times, Rahimi says, he discovered that every controller had some sort of manufacturing or design defect, causing it to rattle noisily while in use, “thereby impeding the gaming experience.”
According to the complaint, Rahimi gathered from conversations with other Wii U users online that the problem was widespread. Further, the complaint alleges that Nintendo is aware of the problem and refuses to take corrective action or warn prospective purchasers of the system.
The class action is seeking an injunction and damages for breach of warranty and violations of the California Consumer Civil Remedies Act and California’s Unfair Competition Law.
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