Nintendo’s ability to ban Switch 2 consoles from accessing all online features has come under fire from Brazil’s consumer rights watchdog, which has now launched a legal challenge.
Brazilian authorities have argued that Nintendo’s recently-updated user agreement, which grants the company the ability to vastly limit any Switch 2 console’s functionality, violates users’ rights to access services they have paid for.
Procon-SP, Sao Paulo’s office of Brazil’s public Consumer Protection and Defence Program, has now requested that Nintendo ditch this clause from its user agreement.
In a statement, Procon-SP said it had already lodged a complaint with Nintendo of America, and that the Mario maker had now appointed a legal team to look at the issue.
Reports of Switch 2 consoles being banned from accessing online services have repeatedly surfaced since the platform’s launch last month. Users impacted by the issue have suggested the bans are tied to the usage of flash memory cards, and specifically the MIG Switch device, which can enable game piracy.
But at least one user has now reported buying a second-hand Switch 2 from a major retailer with the ban in place — prompting fears that more banned consoles will end up in the hands of new owners. And, according to accounts from users with banned consoles, Nintendo customer support has said the block is permanent.
Switch 2 consoles impacted by a ban will display the error code 2124-4508 when attempting to access any online functions. Impacted consoles are unable to download and play any digital games or Game-Key cartridges, access system updates or game updates, play using online multiplayer, communicate using GameChat, or use any Nintendo Switch Online functionality, including the subscription’s retro game catalogues.
These are key system features that users have undoubtedly expected to be able to make use of, and in particular — as appears to be Procon-SP’s main argument here — those features users have additionally paid a Nintendo Switch Online subscription fee to access.
IGN has previously contacted Nintendo to ask for more detail on the bans, but did not receive a response.
Procon-SP’s statement concludes by noting that Nintendo of America has said it will respond to the complaint within 20 days. In the meantime, impacted users in Brazil are encouraged to report their bans via the Procon-SP website.
Tom Phillips is IGN’s News Editor. You can reach Tom at [email protected] or find him on Bluesky @tomphillipseg.bsky.social
