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Euroconsumers calls Nintendo to solve its “Joy-Con Drift” probl

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The new version of the Nintendo “Switch” console, the Switch OLED, expected on October 8th 2021, shows an unsolved technical problem with its controllers – an issue commonly called “Joy-Con Drift” –  that prevents players from playing the game properly. Nintendo is quite aware of this flaw. Yet it still plans to roll out the new Switch with the old problem. Euroconsumers calls Nintendo to account.

“Joy-Con Drift”

The flaw in the controllers manifests itself after a couple of months, falsely reading input from the controller stick, as if the user has their thumb pressed down on the controller, causing the game character to move without the player even touching the device. This prevents the player from playing the game as intended. This issue is not new: it was already denounced extensively by users of the current Nintendo Switch, IFixit and multiple consumer organisations.

Nintendo’s inaction

This flaw has previously been raised with Nintendo. Firstly in January 2020, Test Achats/Test Aankoop, Euroconsumers’ Belgian national organization, sent a letter of formal notice to Nintendo Europe GmbH calling on the company to repair all the defective products free of charge and to publicly communicate about the defect.

In January 2021, BEUC, the European umbrella group for 46 independent consumer organisations, launched an external alert to the CPC network about a widespread infringement with Union dimension of EU consumer law, related to the premature obsolescence of the Nintendo Switch.

On top of this EU action, two class actions have been launched in the US, and a Canadian firm has filed an application to begin a class action.

Nevertheless, Nintendo has taken no actions to remedy the flaw or alert consumers. It even issues a new Switch OLED with the exact same Joy-Con design, with the exact same inescapable defect. Meanwhile Nintendo keeps on putting a great deal of emphasis on the quality and versatility of the Joy-Con in its advertisements t.

This early obsolescence is not only unfair and harmful to consumers, but also affects the environment, creating a pile of unnecessary and extremely polluting electronic waste.

Euroconsumers’ call on Nintendo

In a letter Euroconsumers has confronted Nintendo with the above,  asking them to:

  1. Adequately inform consumers of the existence of the “Joy-Con Drift” and its impact on the expected lifespan of the Nintendo controllers on the packaging of the product.

  2. Fully respect provisions on the legal product guarantee, without imposing any burden of proof on consumers or charging them with any costs to repair or replace their Switch controllers.

  3. Provide clear contact details at Nintendo for consumers to report and resolve Joy-Con problems, and for Euroconsumers and its national organisations to address problems to that regard.

  4. Resolve the technical “Joy-Con Drift” flaw and ensure a more sustainable version of the controllers. Euroconsumers, and its national organizations stand ready to deploy decades of technical and testing experience to support finding solutions.

Euroconsumers is available and willing to launch a dialogue with Nintendo in order to establish the best way to satisfy the above requests.

“Nintendo has a duty to its customers to provide functioning devices,” said Marco Scialdone, Head of Litigation and Academic Outreach at Euroconsumers. “To knowingly continue selling these game consoles when they are defective is a breach of EU consumer law. We expect Nintendo to do the right thing and work with us to find a solution for consumers.”

“While on one hand Nintendo pretends to commit to the green transition and serve consumers, its continued distribution of faulty electronic devices shows it’s true lack of genuine commitment,” said Els Bruggeman, Head of Policy and Enforcement at Euroconsumers. “Early obsolescence results in more electronic waste, which is particularly difficult to dispose of. This shows a regrettable lack of respect for both the environment and  consumers.”

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GRA Renews Singapore Pools Licence for Five-year Term

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The Gambling Regulatory Authority (GRA) has renewed the licence of Singapore Pools (Private) Limited (Singapore Pools) to conduct betting operations, gaming and lotteries under Section 54 of the Gambling Control Act 2022 (GCA). The tenure for the licence will be five years with effect from 25 October 2025, following GRA’s assessment that Singapore Pools has fulfilled the requirements under Section 54 the GCA.

The post GRA Renews Singapore Pools Licence for Five-year Term appeared first on European Gaming Industry News.

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Compliance Updates

Euromat Files Complaint Over Croatia’s Gambling Act Amendment

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An official complaint has been filed by the European Gambling and Amusement Federation (Euromat) with the European Commission regarding Croatia’s amendments of its Gambling Act.

Under Directive (EU) 2015/1535, member countries are obliged to notify any changes to its Gambling Act through the Technical Regulation Information System (TRIS). According to Euromat, the Croatian government failed to do this when introducing “far-reaching” technical rules affecting access and provision of services on the Croatian gambling market.

Failure to notify constitutes a breach of EU law.

These changes include mandatory player identification systems, strict limitations on the location and layout of gambling venues, a comprehensive ban on online and social-media advertising, temporal restrictions on operation and a central player self-exclusion register.

“This complaint marks an important first step in the EU’s legal process. Complaints such as that filed by Euromat are a key tool to alert the Commission to potential breaches of EU law. Based on Euromat’s complaint, the European Commission will be able to assess the evidence and decide on the next steps, including whether to open infringement proceedings against Croatia,” said Euromat president Jason Frost.

“The notification procedure exists to ensure that national measures are compatible with the principles of the single market. Croatia’s decision to ignore this obligation not only breaches EU law; it also threatens legal certainty for businesses across Europe. The Commission must act decisively to uphold the integrity of the internal market.”

The post Euromat Files Complaint Over Croatia’s Gambling Act Amendment appeared first on European Gaming Industry News.

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Compliance Updates

KSA to Introduce New Licences for Skill-based Gaming Machines

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The Netherlands Gambling Authority (KSA) has announced the plans to offer the option of applying for a limited operating license that only permits the operation of skill-based machines. This will make it easier for operators who only operate skill-based machines to apply for a license.

Request from the market

With this limited operating license, the KSA is meeting a need in the gaming machine market. Operators with only skill-based machines have indicated they would like a separate license, separate from the offering of gaming machines. This limited operating license can have a shorter substantive review process and therefore be issued more quickly.

Various slot machines

At the moment, there is only one type of operating license for gaming machines, which applies to gaming machines in halls and catering establishments and skill machines.

A skill machine is a slot machine:

Which does not award prizes except for extra or longer games; and

Where the course of the game depends entirely or almost entirely on the skill of the player.

A classic example of a skill machine is a pinball machine, where players can win extra balls. Any slot machine that isn’t a skill machine is automatically a chance machine.

More information about the permit application

The Royal Netherlands Gambling Authority (KSA) will soon provide more information about the application procedure for the limited operating license for skill machines.

The post KSA to Introduce New Licences for Skill-based Gaming Machines appeared first on European Gaming Industry News.

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