Law firm Green Welling has opened up a suit against Nintendo on behalf of potentially every person who currently owns a Wii, describing the defective Wii strap as a violation of the Consumer Protection Act in the company’s home state of Washington. According to Green Welling, Nintendo is engaging in “unfair or deceptive practices.”
A statement issued by the firm reads, “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. Nintendo’s failure to include a remote that is free from defects is in breach of Nintendo’s own product warranty.”
In addition to calling for Nintendo to release a more rugged wrist strap and controller, the suit “seeks an injunction 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.”
GamesIndustry.biz reports that Nintendo calls the lawsuit utterly meritless. “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,” said Nintendo in an official statement.
The voluntary recall is already expected to cost Nintendo millions of dollars, but the potential of a class-action suit on behalf of the hundreds of thousands of console owners, could put an even higher price tag on Nintendo’s efforts to sweep the ordeal out of sight. Regardless of the outcome, it has already become a strain on Nintendo as it tries to overtake Sony and Microsoft in the new round of the console wars.