Nintendo calls wii lawsuit totally meritless
In response to a nationwide class action lawsuit relating to the notorious wrist straps, and filed by a North American firm Green Welling LLP, Nintendo on Thursday issued its own official statement, calling the lawsuit “completely without merit”.
In its lawsuit, which particularly mentions the defective nature of Wii gaming console’s remote and wrist strap, the San Francisco, California based Green Welling has said the device is ineffective for its intended use, and accused Nintendo of selling faulty goods and breaching warranty.
"Owners of the Nintendo Wii reported that when they used the Nintendo remote and wrist strap, as instructed by the material that accompanied the Wii console, the wrist strap broke and caused the remote to leave the user's hand," Green Welling said.
"Nintendo's failure to include a remote that is free from defects is in breach of Nintendo's own product warranty," it added.
On behalf of the owners of the Nintendo Wii, Green Welling filed the nationwide class action lawsuit against Nintendo of America, Inc. in the U.S. District Court for the Western District of Washington. The suit is looking forward to turn into a class-action, with anyone who has suffered similar problems able to join.
Hit by those allegations, Nintendo offered this official rebuttal statement: We believe the lawsuit to be completely without merit. Nintendo has a long tradition of delivering high-quality products and excellent customer service, and we take all reports from our customers seriously. At the time we became aware of the lawsuit; we had already taken appropriate steps to reinforce with consumers the proper use of the Wii Remote and had made stronger replacement wrist straps available. This suit has had no effect on those efforts.
Last week Nintendo recalled all the defective flimsy straps and replaced them on its on cost, insisting that the remote had passed relevant safety tests.
Filed on December 6, the class action lawsuit is aimed at prohibiting the Japanese gaming console maker from continuing its unfair or deceptive business practices as it relates to the Nintendo Wii.
Besides a refund or replacement strap, reimbursement of legal fees and "other and further relief as the Court deems just and proper," the lawsuit also seeks an authoritative command that requires Nintendo to correct the defect in the Wii remote and to provide a refund to the purchaser or to replace the defective Wii remote with a Wii remote that functions as it is warranted and intended, the class action law firm said.
The class action lawsuit awaits approval from a judge.
