New class action lawsuit claims Nintendo covered up evidence, will include documented customer service cases.
The Wii Remote wrist strap dilemma is one not unfamiliar to most Wii owners. In late 2006 a class action lawsuit was filed against Nintendo stating the wrist strap of their Wii remote was defective and thus responsible for the damage it caused. Nintendo denounced the lawsuit as "completely without merit," and cited their motions to replace the straps for anyone who was in need. Former plaintiff in the 2006 case Jon Leonard commented that the case was "resolved amicably."
Since that time Nintendo has released two updates to their Wii remote strap, one with a stronger strap and another with a clasp that locks securely around the player's hand. This time however Nintendo is not only being sued for faulty wrist strap functionality, but for covering up evidence from the Consumer Product Safety Commission (CPSC).
While Nintendo insists no formal lawsuit has been brought forth, papers filed on December 2nd by a Colorado resident named Molly Elvig have been found and are in regards to much of the same issues in the 2006 case. Elvig's attorneys claim that every Wii remote strap available is faulty and does not allow the player to follow Nintendo's play instructions of "Swing hard to make sure you clear the net!" The plaintiff has submitted evidence, some of which are video interviews citing the broken straps featured on IGN's Wii Channel.
Her attorneys also intend to provide the court with proof that Nintendo has been hiding evidence of consumer complaints including "cracked televisions and broken Wiimote straps" from the CPSC. Part of this proof will include documented cases from Nintendo's customer service department, detailing damages caused by the Wii remote.
Elvig is suing for immediate replacement of the product (a 52" Samsung TV) and damages incurred on 12/6/2006, along with compensation to those who have experienced similar property damage.