Switch 2 bans from Nintendo Switch Online prompt legal action against gaming giant in Brazil

Instances of permanent Switch 2 bans from Nintendo Switch Online could lead to lawsuits. Procon-SP, a consumer protection agency in Brazil, has filed a complaint against the manufacturer. The organization argues that these bans against Nintendo users are abusive under Brazilian law.

Recently, a gamer claimed that a Switch 2 console was blocked from online services due to an inappropriate username. After contacting Nintendo support, the company informed the customer that such bans are permanent. However, readers soon discovered that the individual frequented piracy groups. Attempting to run illegal software may be a more likely explanation for the punishment.

Console owners using the Mig flash cartridge to boot games soon found themselves unable to connect to Nintendo Switch Online. Nevertheless, Procon-SP worries that consumers who purchase Switch 2 games legitimately will also face unwarranted restrictions.

Before the Switch 2 release date, Nintendo revised its End User License Agreement (EULA). The new language allowed the company more discretion to ban consoles from Nintendo's services. Even so, Procon-SP believes that these actions are overly punitive and infringe on the rights of Brazilian gamers.

The consumer protection group's complaint focuses on how gamers have few options when the bans occur. Nintendo does not have any legal representation in Brazil. As a result, the organization had to contact the company in the United States. The agency advises buyers against supporting manufacturers without a legal presence in the country.

While most Nintendo fans may not support piracy, the bans pose problems for second-hand Switch 2 sales. Before making a purchase, a buyer may not be aware of the blocked handheld's limited functionality. With the console relying increasingly on Nintendo Switch Online, gamers would not be able to access digital Switch 2 games they own. Since the bans are hardware-based, access to NSO accounts in good standing is also at risk.

Any potential lawsuit against Nintendo in Brazil is in the preliminary stages. The company has now hired attorneys in the country, but Procon-SP awaits an official response.