Brazil's consumer protection agency is taking legal action against Nintendo over its ability to block Switch 2 consoles from all online features.
The Brazilian authorities argue that Nintendo's updated user agreement, which allows the company to severely restrict the functionality of any Switch 2 console, infringes on consumers' rights to access services they have paid for.
Procon-SP, São Paulo's consumer protection bureau, has now demanded that Nintendo remove this clause from its user agreement.
In a statement, Procon-SP said it had already filed a complaint with Nintendo of America, and that the Mario creator has now assigned a legal team to address the issue.
Reports of Switch 2 consoles being banned from online services have appeared frequently since the platform's launch last month. Affected users suspect the bans are related to the use of flash memory cards, particularly the MIG Switch device, which can facilitate game piracy.
However, at least one user reported purchasing a second-hand Switch 2 from a major retailer that was already banned, raising concerns that more blocked consoles could reach unsuspecting buyers. According to users with banned consoles, Nintendo customer support has stated that the restriction is permanent.
Nintendo Switch 2 System and Accessories Gallery
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Banned Switch 2 consoles display error code 2124-4508 when trying to access any online features. These consoles cannot download or play digital games or Game-Key cartridges, receive system or game updates, participate in online multiplayer, use GameChat, or access any Nintendo Switch Online services, including the subscription's retro game libraries.
These are essential features that users reasonably expect to use, and—as Procon-SP's main argument highlights—features that customers have paid for through their Nintendo Switch Online subscriptions.
IGN has previously reached out to Nintendo for more details about the bans but has not received a response.
Procon-SP's statement notes that Nintendo of America has committed to responding to the complaint within 20 days. Meanwhile, affected users in Brazil are encouraged to report their banned consoles through the Procon-SP website.
