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[Dev1lXYZ]

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

Brazil’s consumer watchdog is challenging Nintendo over EULA terms that allow the company to ban consoles from online services.

www.dexerto.com

Brazil's consumer watchdog is challenging Nintendo over EULA terms that allow the company to ban consoles from online services.
In a June 25 press release, Procon-SP, the Sao Paulo branch of Brazil's Consumer Protection and Defence program, requested changes to Nintendo's end-user license agreement, calling certain clauses "abusive" under Brazilian law.

The main concern is Nintendo's ability to permanently restrict access to services like the eShop and online play if they believe someone has violated its terms, including by using unauthorized accessories or pirated software.
Nintendo's EULA states:

"You acknowledge that if you fail to comply with the foregoing restrictions, Nintendo may render the Console and/or the Software permanently unusable in whole or in part."

Any affected consoles receive a 2124-4508 error code and lose total access to online. The console still works offline, but has already resulted in fans unknowingly buying affected second-hand consoles.

Procon-SP says that canceling subscriptions or services without explanation violates consumer protection rules. Nintendo has no formal legal presence in Brazil, forcing the agency to contact the company's US headquarters just to open talks.

Nintendo has appointed a local law firm to handle the matter, but only for this specific case. "The existence of a representation in Brazil should be one of the criteria for purchasing decisions," said Álvaro Camilo, Director of Service and Guidance at Procon-SP.

Whether Nintendo agrees to change its policies remains unclear. The company has 20 days to respond to Procon-SP's request.

I saw this coming. Imagine buying the console second hand from someone or a place like GameStop and bringing it home and it's bricked. This works in Nintendo's favor IMO as it essentially kills the resale of Nintendo hardware (creates a big fear of it) something they have fought for decades, but not nearly to this degree. If this isn't stopped other console manufacturers may set the same precedent. I'm not a fan of government overreach, but corporations running rampant over consumers with crazy EULAs isn't the way. I suggest an account ban, but not a total console bricking. That way, a new account can be created on the same console in the future. If it is found pirating, then ban that account, too. It's not that Nintendo has to work overtime to brick or ban, it's totally automated anyway! It's a simple scan and doesn't cost the company a dime.

 

[Fake]

Oh yeah, Brazil. The country of piracy.

 

[AREYOUOKAY?]

Oh no let's feel sorry for the pirates stealing software they can't afford.

I'd love for them to try and explain that the court.

 

[RoboFu]

lol the one country that has a super high piracy rate is the moral standard now. its all about free $$$$$

 

[cyberheater]

It's one thing banning your console from the network/store. It's entirely different bricking a machine you paid for. I hope the Brazilian consumer watchdog wins.

 

[LordOcidax]

Oh yeah, Brazil. The country of piracy.

First thing i thought .

 

[Robb]

 

[CobraAB]

How does it feel Nintendo?

 

[Labadal]

I have no interest in piracy. I have never modded a console. I do not live in Brazil. I do not support Brazil in football.

I am rooting for Brazil in this case. Lock consoles from online, but never allow the bricking of a console.

 

[Saber]

They basically have no support here in Brazil, most of people who lives here (noble area) buy Switchs on other countries. I think they though they could do this and win free money by people going abroad to resolve this and ending up buying another one.
I'm willing to risk saying this whole virtual card bullshit started because of countries like Brazil. Hopefully Nintendo got strike by this, because this is some real toxic move.

 

[rodrigolfp]

It's one thing banning your console from the network/store. It's entirely different bricking a machine you paid for. I hope the Brazilian consumer watchdog wins.

Exactly. I doubt Nintendo could win a case anywhere in the world by bricking consoles.

 

[Spukc]

I had to show my xbox one boot up to see if microsoft didn't ban the console, when i wanted to resell it.

So big dealeas

 

[adamsapple]

Brazil: Nintendo is now facing legal action over ability to brick Switch 2 console

Procon-SP, the Sao Paulo branch of Brazil’s Consumer Protection and Defence program, has stated in a press release that it is challenging Nintendo’s ability to brick Nintendo Switch 2 consoles when it…

mynintendonews.com

Machine translation:

Procon-SP, the Sao Paulo branch of Brazil's Consumer Protection and Defence program, has stated in a press release that it is challenging Nintendo's ability to brick Nintendo Switch 2 consoles when it wants, citing certain aspects of it "abusive." As we already know Nintendo can permanently restrict you from accessing the Nintendo eShop and online play if they believe you have used unauthorised accessories or pirated software. This leads to the devastating 2124-4508 error code. Procon-SP says that canceling subscriptions or services without explanation violates consumer protection rules in Brazil. Nintendo has said that it has appointed a local law firm to handle the matter.

 

[EDMIX]

Good.

Fuck em.

I legit heard it could be bricked if you use a different USB C to charge it... so if I have my phone charger and I'm in an airport and decide to use that, fuck me huh? Brick it? lol

This company is fucking scum man...

 

[Unknown?]

Good.

Fuck em.

I legit heard it could be bricked if you use a different USB C to charge it... so if I have my phone charger and I'm in an airport and decide to use that, fuck me huh? Brick it? lol

This company is fucking scum man...

How would they know if you didn't connect to the internet?

 

[EDMIX]

How would they know if you didn't connect to the internet?

lol thats even more crazy. So avoid connecting ever to the internet cause the crime of using a different USB cord?

 

[Topher]

Thread 'Nintendo Is Being Sued Over Bricking Switch 2 Consoles (In Brazil)'

Jul 2, 2025

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

Brazil’s consumer watchdog is challenging Nintendo over EULA terms that allow the company to ban consoles from online services.

www.dexerto.com

Brazil's consumer watchdog is challenging Nintendo over EULA terms that allow the company to ban consoles from online services.
In a June 25 press release, Procon-SP, the Sao Paulo branch of Brazil's Consumer Protection and Defence program, requested changes to Nintendo's end-user license agreement, calling certain clauses "abusive" under Brazilian law.

The main concern is Nintendo's ability to permanently restrict access to services like the...

• Dev1lXYZ
• Replies: 74
• Forum: Gaming Discussion

• 
• 
• 

 

[Unknown?]

lol thats even more crazy. So avoid connecting ever to the internet cause the crime of using a different USB cord?

It is, I'm just asking. That means somewhere in the software they have code to detect the factory charger.

 

[EDMIX]

It is, I'm just asking. That means somewhere in the software they have code to detect the factory charger.

Likely, a lot of this is deeply overstepping and I've read some horror stories on systems being bricked for silly reasons.

I was scared to just connect it to a Bluetooth speaker lol

 

[MayauMiao]

Nintendo has no formal legal presence in Brazil, forcing the agency to contact the company's US headquarters just to open talks.

The lawsuit is a lost cause.

 

[Deerock71]

It's not even bricking. It's just shutting down online access if the Switch 2 senses something hinky going on.

 

[poppabk]

Good.

Fuck em.

I legit heard it could be bricked if you use a different USB C to charge it... so if I have my phone charger and I'm in an airport and decide to use that, fuck me huh? Brick it? lol

This company is fucking scum man...

Heard where? They arent going to brick your system because you used the wrong charger.

 

[MrTroubleMaker]

 

[Magic Carpet]

Did Nintendo not package the power brick with the Switch 2?

 

[AJUMP23]

Some one has to sue this anti consumer behavior.

 

[bender]

 

[FoxMcChief]

I mean, the hardware still works. People break the terms of use for the software and cry when their actions have consequences?

 

[EDMIX]

Heard where? They arent going to brick your system because you used the wrong charger.

https://linustechtips.com/topic/1614739-switch-2-bricked-after-one-day-%E2%80%93-support-nightmare-digital-lock-in/

Nintendo Switch 2 gamers are being permanently banned from using their consoles

Nintendo are following through with the promise/threat they made a few months back, and banning several Nintendo Switch 2 users

www.gamingbible.com

sooooooooo suuuuuuuuuuure


This fucking company is bricking systems for some dumb reasons and I wouldn't risk it.



bricked system for a fucking user name lol

 

[Guilty_AI]

Imagine if they put an old sega fan as a judge to the case

 

[Codes 208]

First thing i thought .

Ratatoing was my first thought.

 

[John Wick]

I hope Nintendo gets bummed on every continent. They have no right bricking anyone's console. Hopefully this will teach them a lesson.

 

[yurinka]

Blanka is angry

 

[poppabk]

https://linustechtips.com/topic/1614739-switch-2-bricked-after-one-day-%E2%80%93-support-nightmare-digital-lock-in/

Nintendo Switch 2 gamers are being permanently banned from using their consoles

Nintendo are following through with the promise/threat they made a few months back, and banning several Nintendo Switch 2 users

www.gamingbible.com

sooooooooo suuuuuuuuuuure


This fucking company is bricking systems for some dumb reasons and I wouldn't risk it.



bricked system for a fucking user name lol

Yeah mig flash cartridges - not using a different charger.

 

[EDMIX]

Yeah mig flash cartridges - not using a different charger.

You working overtime to defend this weird shit lol

 

[Victorboris1987]

They're going to get absolutely fucking ass-reamed in courts for doing this since a simple brownout during an update can brick your console and our power grid here is iffy at best. Even in large hyper-industrialized cities such as São Paulo.

 

[FStubbs]

Exactly. I doubt Nintendo could win a case anywhere in the world by bricking consoles.

 

[Sakura]

Banned from online isn't bricking a system.

 

[L*][*N*K]

Banned from online isn't bricking a system.

They actually can brick your system.

 

[Nicktendo86]

You working overtime to defend this weird shit lol

I don't know what you're on about, I've used my iPhone charger on my switch 2 just fine

 

[hemo memo]

Yeah as much as I like my Switch 2, I'm with anything that is for the benefit of consumers. Go Brazil I guess.

 

[Baemono]

« Are you bricking consoles ? »
« No, just restricting access to our online services »
« Case dismissed »

 

[Sakura]

They actually can brick your system.

They can according to their TOS, sure. But they haven't actually bricked anyone's system. Yet the thread title is "...Sued Over Bricking Switch 2 Consoles". And so naturally some people in here are assuming this is about the bricking of consoles. But if your system was banned by Nintendo, you can still buy games, pop them in, and play them. That is not bricked.
Let's not conflate the two. As far as I am aware, MS and Sony also say in their TOS that they can brick your console. It's a stupid clause, sure (maybe it is for cases where the console is stolen?), but none of them have actually ever purposely bricked a console.

 

[StereoVsn]

Rooting for Brazil on this one. Bricking consoles also completely demolishes used market. I could understand Nintendo ban users from their services by their eShop/Nintendo ID, but banning consoles completely f-s the resale capability.

And considering how Nintendo is now banning MiG users even for just using their own backups (no detection of dupe games), it's complete BS.

 

[Nicktendo86]

They can according to their TOS, sure. But they haven't actually bricked anyone's system. Yet the thread title is "...Sued Over Bricking Switch 2 Consoles". And so naturally some people in here are assuming this is about the bricking of consoles. But if your system was banned by Nintendo, you can still buy games, pop them in, and play them. That is not bricked.
Let's not conflate the two. As far as I am aware, MS and Sony also say in their TOS that they can brick your console. It's a stupid clause, sure (maybe it is for cases where the console is stolen?), but none of them have actually ever purposely bricked a console.

Reading beyond the thread title is too much for some people apparently.

 

[dragonyeuw]

The point aside that it's Brazil pushing this, I'm not comfortable with the idea of Nintendo remotely bricking your console. No, it's not because I support or have any personal intent to pirate Switch software, and I agree with them cutting you off from online services. Making your entire console unusable just feels like a bridge too far IMO.

Frankly, I'm leery of buying used Switch hardware and games now. You never know if the game you're buying off some FB seller got ripped using MIG and now you're unwittingly in Nintendo's crosshairs. I have 13 physical Switch games, 8 of them are used but I purchased them before the MIG cart came out.

 

[Axelon]

https://linustechtips.com/topic/1614739-switch-2-bricked-after-one-day-%E2%80%93-support-nightmare-digital-lock-in/

Maybe my reading is crap right now due to needing sleep, but where does it say he bricked the Switch 2 by using the wrong charger? Seems like it's just a lemon to me. Dunno why he's having trouble with support as I never have in the past, but who knows, support can be pretty bad with all companies sometimes.

Also the wrong charger (or more commonly, early 3rd party docks) thing was with the Switch 1 where chargers reported different voltage than what the output actually was, so it'd fry the charging chip. That I know of the Switch 2 has proper PD (Power Delivery) standard so that's no different from your phone now. If you fry your Switch 2, it's gonna fry your $1800 folding phone too.

 

[Mithos]

They can according to their TOS, sure. But they haven't actually bricked anyone's system. Yet the thread title is "...Sued Over Bricking Switch 2 Consoles". And so naturally some people in here are assuming this is about the bricking of consoles. But if your system was banned by Nintendo, you can still buy games, pop them in, and play them. That is not bricked.
Let's not conflate the two. As far as I am aware, MS and Sony also say in their TOS that they can brick your console. It's a stupid clause, sure (maybe it is for cases where the console is stolen?), but none of them have actually ever purposely bricked a console.

But apparently you can never ever factory reset this Online-banned Switch2 since... at setup it need access to the Nintendo servers and can't because the HARDWARE is banned not the account on it.

Or so I've heard/read at least.

 

[Miles708]

I have no interest in piracy. I have never modded a console. I do not live in Brazil. I do not support Brazil in football.

I am rooting for Brazil in this case. Lock consoles from online, but never allow the bricking of a console.

This is the correct stance to have.

 

[Walter Matthau]

Frankly, I'm leery of buying used Switch hardware and games now. You never know if the game you're buying off some FB seller got ripped using MIG and now you're unwittingly in Nintendo's crosshairs. I have 13 physical Switch games, 8 of them are used but I purchased them before the MIG cart came out.

I get the concern, but we haven't yet heard of a user being banned yet for unknowingly using a cart that got ripped. Plenty of people are still renting games from Gamefly or borrowing games from libraries so if this was a real issue, we'd know about it.

The bigger concern would be buying used hardware because pirates are trading their banned consoles in and exchanging them at stores.

 

[Sakura]

But apparently you can never ever factory reset this Online-banned Switch2 since... at setup it need access to the Nintendo servers and can't because the HARDWARE is banned not the account on it.

Or so I've heard/read at least.

Yeah, makes sense. Otherwise you could just get around the ban by resetting your console.
Though this creates issues buying used. If you buy it used from a store like Gamestop though, it should be on them to make sure it works online before they sell it to you, and if it doesn't I think you'd be within your right to return it. Or maybe if it is via a store they could have a way to have Nintendo remove the ban, I dunno.
Buying directly from a seller though is obviously risky. But that's the same with anything. Someone could sell a used Switch on ebay or somewhere else, where the battery doesn't work, or the joycons are busted, but they don't disclose that information. It's a judgement call you gotta make on your own.