Nintendo Faces Legal Challenge in Brazil Over Switch 2 EULA and Console Bans

Nintendo Faces Legal Challenge in Brazil Over Switch 2 EULA and Console Bans Nintendo’s remarkable global dominance with the Nintendo Switch 2 has come under renewed scrutiny over controversial end-user license agreement (EULA) terms.

The Japanese gaming giant, celebrated for its storied hardware including the original Nintendo Switch and its thriving eShop ecosystem, faces a formal complaint from Brazil’s leading consumer watchdog over a clause that permits the company to disable ("brick") consoles if it believes users have breached the EULA. The Institute of Consumer Protection, known formally as Procon-SP, submitted a legal request to Nintendo of America on June 25, 2025, urging the removal of this contentious policy.

According to a recent IGN report, Procon-SP argues that the clause infringes on consumers’ rights to access services and products lawfully purchased.

In its official statement, the agency highlighted that, due to Nintendo’s absence of an official Brazilian subsidiary, it needed to approach Nintendo of America directly for mediation.

This means affected Brazilian users have fewer avenues to contest such bans compared to consumers in regions where Nintendo maintains a direct presence. Under the current EULA, Nintendo reserves the right to permanently ban or disable a Switch 2 console if it detects violations, such as unauthorized software modification or the use of certain third-party cartridges.

Recently, multiple reports—including coverage from IGN and firsthand user accounts online—have described cases where Switch 2 consoles were banned after the use of the MiG Switch Cartridge, a device that facilitates running game backups from a flash card.

Notably, the bans are not always tied to overt hacking; even unwitting purchasers of previously-owned consoles have discovered their hardware locked out of Nintendo’s online services, with no apparent mechanism to reverse these restrictions. Procon-SP contends that this approach undermines consumer trust and the principle of fair access, noting that 'users should not lose access to hardware they have legally acquired due to restrictive terms in Nintendo’s EULA.' The agency has given Nintendo of America until July 15, 2025, to formally respond to its demands. While Nintendo has yet to issue a public statement detailing its response, this legal challenge underscores ongoing debates about digital ownership, user rights, and corporate responsibility—especially as the Switch 2 continues to expand Nintendo’s hardware legacy.

Industry observers and consumer advocates will be watching closely to see whether Nintendo amends its policy or maintains the status quo in a growing number of key international markets.

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