Since the Switch’s launch a few years ago, many Nin­ten­do fans have expe­ri­enced the annoy­ance that is Joy-Con stick drift. The “drift” makes it dif­fi­cult (some­times impos­si­ble) to play games. Nin­ten­do is cur­rent­ly going through a class action law­suit over this issue, and now they have anoth­er law­suit to fight against — this time by a kid and his moth­er.

Wired report­ed that a North Cal­i­forn­ian has filed a com­plaint, by a women named Luz Sanchez and her son. Sanchez bout her then 8‑year-old son a Nin­ten­do Switch in Decem­ber of 2018, and a month after pur­chase, he start­ed to expe­ri­ence drift. New con­trollers were bought with­in a year, since the oth­er Joy-Cons had become unus­able. Around the 7‑month mark, the same drift issue hap­pened with the new set of con­trollers.

Sanchez has filed the law­suit along­side her son, who is list­ed as a minor in the court doc­u­men­ta­tion. The plain­tiffs are seek­ing over $5 mil­lion in dam­ages. Sanchez’s lawyers’ argu­ment cir­cles around Nin­ten­do being aware of the issue, but doing lit­tle to fix the prob­lem because they have “a finan­cial motive to con­ceal the defect, as [Nin­ten­do] did not want to stop sell­ing the prod­ucts, and/or would need to expend a sig­nif­i­cant amount of mon­ey to cure the defect.”

In July last year, Nin­ten­do acknowl­edged the Joy-Con drift issues, offer­ing free repairs even after a war­ran­ty end­ed. COVID-19 has led to Nin­ten­do ser­vice cen­ters being tem­porar­i­ly shut­ting down, caus­ing more com­pli­ca­tions.

Nin­ten­do pres­i­dent Shuntaro Furukawa apol­o­gized to Nin­ten­do fans for the ongo­ing prob­lem, not­ing an ongo­ing law­suit. “We are con­tin­u­ing to aim to improve our prod­ucts, but as the Joy-Con is the sub­ject of a class-action law­suit in the Unit­ed States and this is still a pend­ing issue, we would it like to refrain from respond­ing about any spe­cif­ic actions. “We are con­tin­u­ing to aim to improve our prod­ucts, but as the Joy-Con is the sub­ject of a class-action law­suit in the Unit­ed States and this is still a pend­ing issue, we would it like to refrain from respond­ing about any spe­cif­ic actions,”