Nintendo faces legal action over ability to brick Switch 2s whenever they want

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In simpler terms, Brazil’s consumer protection agency is questioning Nintendo about their End User License Agreement (EULA) rules which permit them to block consoles from accessing their online services.

On June 25th, the Sao Paulo division of Brazil’s Consumer Protection and Defense initiative, Procon-SP, petitioned Nintendo to amend their End User License Agreement, claiming that some terms violate Brazilian law as being abusive.

The primary issue revolves around Nintendo’s power to permanently block users from utilizing services such as the eShop and multiplayer functions, should they suspect a violation of their terms of service. This could occur through the use of unapproved peripherals or counterfeit software. This practice is commonly referred to as ‘rendering inoperable’, or simply, ‘bricking’.

Consoles that have become inoperable due to being “bricked” display the error code 2124-4508 and lose all connection to the internet. However, they can still function offline. Unaware consumers have unfortunately ended up purchasing these faulty second-hand consoles.

What happens next?

According to Procon-SP, failing to provide a reason when terminating a subscription or service is against consumer protection laws. Since Nintendo doesn’t have a legal entity in Brazil, discussions must be initiated with their U.S. headquarters by Procon-SP.

Nintendo has chosen to engage a regional legal team to manage this particular issue, with no implications for other cases. One factor to consider when making purchasing decisions should be the presence of representation in Brazil, according to Alvaro Camilo, Director of Service and Guidance at Procon-SP.

It’s not yet certain if Nintendo will adjust their policies, as they have 20 days left to reply to the demand made by Procon-SP.

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2025-07-01 13:48