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May 2, 2013 / Admin

New Lawsuit Claims Nintendo Wii U Controller is Faulty

According to a new lawsuit, Nintendo’s new Wii U controllers are faulty because they rattle noisily and distract players.

In the lawsuit, plaintiff Joubin Rahimi alleges that, after purchasing the new Wii U system in November, he noticed a rattling sound coming from the controller.  According to the lawsuit, it sounded like a loose piece was rattling around inside the controller.  Rahimi returned the system twice, but each time the new Wii controller still made the same rattling sound.

Rahimi contacted Nintendo about the multiple noisy Wii U controllers.  He was told that the company was aware of the problem.  The suit states that Rahimi was advised by Nintendo to hold down all the buttons on the game pad controller at the same time that the rattling would be diminished.  According to Rahimi, it is not possible to hold down all the buttons on the controller and play a game at the same time.

The lawsuit is seeking an injunction and damages for purchasers of the Nintendo Will U gaming system that have experienced the same problem with their controllers.

Rahimi’s suit has been sent to arbitration by a federal Judge in California.  Nintendo claims that Rahimi clicked the “agree” button on the Wii U startup screen.  By clicking agree, Nintendo says, he accepted end user license agreement which requires any dispute over the game console to be settled through arbitration.  Rahimi claims he should not be held to the user agreement because he returned the system twice.  He states the he deserves a jury trial regarding the applicability of the arbitration agreement. The Judge has ruled that the issue is best resolved by an arbiter interpreting the license agreement’s terms.

If you or a loved one has purchased a product you believe to be defective, please contact Khorrami, LLP for a confidential evaluation of your rights.

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