Nintendo was notified by Procon-SP (São Paulo's consumer protection agency) after updating the Nintendo Account terms with clauses considered abusive. The consumer protection agency gave the Japanese company 48 hours to officially respond to the changes.
- Clair Obscur Expedition 33 May Be Coming to Nintendo Switch 2
- Leak exposes limits for physical media on Nintendo Switch 2
Nintendo's new rules stipulate that, in cases of misuse, the company may block accounts or even render devices unusable. The changes have been met with concern by consumer law experts, who have pointed to violations of the Consumer Protection Code (CDC).
Controversial clauses raise alarm
According to Procon-SP (São Paulo's consumer protection agency), the updated contract allows Nintendo to unilaterally change the terms of service, including canceling accounts and permanently deactivating consoles. The contract text does not clearly define the criteria for these penalties, which leaves room for arbitrary actions.
Brazilian law considers any clause that allows unilateral modifications by the supplier to be abusive. According to Procon (the consumer protection agency), this violates basic consumer rights, such as protection against unfair practices and the preservation of contractual good faith.
Another point raised was the imposition of mandatory individual arbitration, which prevents consumers from filing class action lawsuits against the company. The agency claims that this condition violates Brazilian law, which guarantees consumers the right to choose the type of legal action they wish to take.
The ban on class action lawsuits has also been interpreted as an attempt to weaken consumers' legal recourse, especially in situations affecting a larger number of users simultaneously.
Poorly adapted translation raises suspicions
Users on social media pointed out that Nintendo translated sections of the contract directly from the US terms of service. One example is the mention of resolving disputes "without a jury," something incompatible with the Brazilian legal system, where jury trials only exist for intentional crimes against life.
This detail suggests that Nintendo may have replicated the international clauses without considering the legal particularities of Brazil. For Procon-SP (São Paulo's consumer protection agency), this demonstrates a lack of care for local consumers and reinforces the argument that the contract does not respect current legislation.
According to the agency, Brazilian consumers have the right to file individual or collective lawsuits against suppliers. Imposing contractual limitations in this regard is therefore illegal.
The new contract also states that users cannot join "any other type of representative process," besides class action lawsuits. Experts believe this language attempts to restrict legal alternatives provided for by law.
Nintendo has not yet commented
The São Paulo consumer protection agency, Procon-SP, issued the notification on Tuesday, May 13th. Since then, the company has not publicly commented on the agency's demands or indicated whether it will make changes to the terms.
Nintendo has updated its contract in preparation for the launch of the Switch 2, scheduled for June 5th. The expectation is that the new version of the console will have enhanced protection against piracy, a problem that plagued the previous model released in 2017.
However, the tightening of the rules raises a dilemma: the desire to combat illegal practices cannot override the rights guaranteed to consumers by law. According to Procon-SP (São Paulo's consumer protection agency), any security measures must respect the limits established by the Consumer Protection Code (CDC).
Now, it remains to be seen whether Nintendo will respond within the deadline and adjust the contract to the Brazilian reality. Otherwise, the regulatory body may apply administrative sanctions and recommend legal action.
