Nintendo was notified by Procon-SP after updating the Nintendo Account terms with clauses deemed abusive. The consumer protection agency gave the Japanese company 48 hours to officially comment on the changes.
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Nintendo's new rules state that, in cases deemed inappropriate, the company may block accounts or even render devices unusable. The changes were met with concern by consumer law experts, who pointed to violations of the Consumer Protection Code (CDC).
Controversial clauses raise alarm
According to Procon-SP, the updated contract allows Nintendo to unilaterally change the terms of service, including account cancellation and permanent console deactivation. The contract text does not clearly define the criteria for these penalties, which leaves room for arbitrary action.
Brazilian law considers any clause that allows unilateral modifications by the supplier to be abusive. According to Procon, this violates basic consumer rights, such as protection against unfair practices and the preservation of good faith in contracts.
Another point of contention 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 pursue.
The ban on collective disputes has also been interpreted as an attempt to weaken consumers' legal response, especially in situations that affect a larger number of users at the same time.
Poorly adapted translation raises suspicions
Social media users pointed out that Nintendo translated sections of the contract directly from the US terms of use. One example is the mention of "non-jury" dispute resolution, something incompatible with the Brazilian legal system, where grand juries exist only for intentional crimes against life.
This detail suggests that Nintendo may have replicated international clauses without considering Brazil's legal specifics. For Procon-SP, this demonstrates a lack of concern for local consumers and reinforces the argument that the contract violates current legislation.
According to the agency, Brazilian consumers have the right to file lawsuits, individually or collectively, against suppliers. Imposing contractual limitations in this regard is therefore illegal.
The new contract also states that users cannot participate in "any other type of representative process" other than class actions. This language, experts say, attempts to restrict legal alternatives provided for by law.
Nintendo has not commented yet.
Procon-SP issued the notice on Tuesday, May 13. 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 5. The new version of the console is expected to have enhanced protection against piracy, a problem that affected the previous model released in 2017.
The tightening of regulations, however, raises a dilemma: the desire to combat illegal practices cannot override consumers' legally guaranteed rights. According to Procon-SP, 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 Brazilian realities. Otherwise, the agency may impose administrative sanctions and recommend legal action.
