Compliance Updates
Euroconsumers calls Nintendo to solve its “Joy-Con Drift” probl
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:
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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.
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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.
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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.
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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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Asia
PRONET GAMING BECOMES FIRST B2B OPERATOR TO ESTABLISH SCBPO ACCREDITED OPERATION IN THE PHILIPPINES VIA CLAYMORE SOLUTIONS
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Omni-channel turnkey provider Pronet Gaming is the first internationally-licensed B2B company in the gaming sector to establish an SCBPO-accredited operation in the Philippines via Claymore Solutions.
Claymore Solutions is accredited by the Philippine Amusement and Gaming Corporation (PAGCOR) as a Special Class BPO (SCPBO), which authorises them to provide employer of record & serviced office space to internationally licenced gaming operators enabling them to establish operations in the Philippines without taking bets or payments.
Pronet Gaming will now build out IT and Trading teams in Manila, further strengthening its operational presence and technical capabilities in the region.
Pronet Gaming CEO Alex Leese said: “Establishing an SCBPO-accredited presence in the Philippines is a milestone that aligns perfectly with our long-term strategy of expanding our footprint in Asia, in a fully compliant way. We’re happy to have made this possible through the collaboration and support of our trusted partner, Claymore Solutions.”
Paul Fox, Chairman and Co-Founder of Claymore Solutions, said: “We’re honoured to be working with Pronet Gaming, providing EoR and serviced office space solutions for their operations which underlines the quality of local staff and further boosts the Filipino economy.”
PAGCOR Chairman Al Tengco commented: “We’re delighted to have B2B operators such as Pronet Gaming establish their Trading and IT operations here through Claymore Solutions. I hope that more companies follow given the wealth of readily available Filipino talent in this sector.”
Claymore will announce additional client partnerships in the near future.
The post PRONET GAMING BECOMES FIRST B2B OPERATOR TO ESTABLISH SCBPO ACCREDITED OPERATION IN THE PHILIPPINES VIA CLAYMORE SOLUTIONS appeared first on European Gaming Industry News.
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GGL, the Federal Authority of German Gambling, has issued a warning to consumers about the illegal status of participating in Spain’s popular annual Christmas lottery “El Gordo” through online platforms. The Authority has also published FAQs on the legal situation.
During the pre-Christmas period, especially in November and December, advertising for online participation in the so-called Spanish Christmas lottery “El Gordo” increases significantly. Many of these offers are specifically targeted at people residing in Germany, even though participation is not permitted in Germany.
GGL points out that the advertised online offers are illegal. Instead of participating in the official lottery, these online offers from Germany simply involve betting on its outcome against a private third-party provider. No contractual relationship is established with the Spanish state lottery operator. According to the regulations of the German Interstate Treaty on Gambling 2021 (GlüStV 2021), such “secondary lotteries” are not eligible for a permit and are therefore illegal.
The post GGL Warns Against “El Gordo” Ticket Purchases appeared first on European Gaming Industry News.
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The Philippines’ Cybercrime Investigation and Coordinating Center (CICC) is enhancing efforts to crack down on the promotion of illegal online gambling sites by providing a list of influencers and online entities it says have been promoting and enabling such sites.
In a statement, the CICC – working alongside digital advocacy network Digital Pinoys – said it had provided a list to the Philippine National Police–Anti-Cybercrime Group (PNP-ACG) for formal investigation and case build-up – marking a firm escalation in the government’s campaign against platforms operating without authorisation from regulator PAGCOR. Each detection activates immediate action by way of takedown requests, notices to explain and case referral, the CICC explained.
“The latest endorsements affirm the government’s commitment to hold accountable not just illegal operators, but also individuals and entities who knowingly promote or enable these schemes online,” it said.
“Endorsement of these cases by the CICC signifies that evidence has been collected against the promoters, and that their case-buildup affirms that sufficient grounds exist for prosecution.”
The CICC added that it continues to track pages, personal accounts and paid online promotions found to be facilitating or advertising illegal gambling, with its collaboration with Digital Pinoys having contributed to a 93% reduction in reported illegal gambling links.
One Philippine esports identity announced late last week that he was launching a new livestream platform for the specific purpose of bringing together iGaming streamers and content creators in a responsible way by promoting only PAGCOR-licensed games.
The post Philippines Cracking Down on Influencers Promoting Illegal Online Gambling Sites appeared first on European Gaming Industry News.
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