Canadian woman given partial refund for used Switch that was banned from online services
Nicole Jones purchased a used Switch from seller Jaime Macdonald through Facebook Marketplace on March 18. All was well with the system, but after her kids tried going online, major problems developed. It was simply impossible to connect online in any capacity, and Jones learned that the device had been permanently banned by Nintendo.
Nintendo customer support indicated that systems can be blocked due to unapproved activity such as piracy and hacking. The ban on Jones’ units went into effect on March 26, which was several days after the used purchase. However, Nintendo said that it can take weeks to detect and investigate unauthorized activity prior to a ban.
Jones, a British Columbia resident, ended up going to small claims court. Jones said she was promised the console was in “like new” condition, and believed it was “essentially worthless”. Software can’t be updated, games can’t be played online, and save files can’t be stored through the cloud. However, Macdonald argued that the system was working when sold – which was demonstrated for Jones before purchase – and can still be used offline.
Tribunal member Rama Sood ultimately determined that the Switch functions in a limited capacity, but could be considered “not durable” during purchase, which is a breach of implied warranty under B.C.’s Sale of Goods Act. Macdonald was ordered to return half of the $380 Jones paid. Jones was also granted $87.50 in Civil Resolution Tribunal fees and $1.39 in interest.
