Nintendo Faces Legal Scrutiny in Brazil Over Switch 2 Console Bans

Nintendo, a global leader in gaming hardware and software, is facing legal action in Brazil following its policy of remotely disabling Switch 2 consoles linked to unauthorized activity.

The dispute arises from Nintendo’s ability to enforce hardware bans, also known as 'bricking,' on Switch 2 systems that have interacted with devices or cartridges that the company considers unauthorized, specifically MiG carts—a practice that has drawn criticism from consumer advocates. This policy has recently come under the spotlight due to reports that Nintendo can permanently restrict affected Switch 2 units from accessing all online services, effectively rendering features like the Nintendo eShop and multiplayer modes inaccessible.

The situation has heightened concerns for consumers purchasing second-hand Switch 2 consoles, especially after evidence surfaced showing that these banned systems continued to circulate in the resale market, often without disclosure of their restricted status. In response, Procon-SP, São Paulo’s Consumer Protection and Defence Program, has formally challenged Nintendo’s approach.

According to Procon-SP, this practice is in violation of consumer rights, specifically the right for users to access digital services they have paid for.

Procon-SP has filed an official complaint and requested the immediate removal of the policy that allows Nintendo to disable online services on Switch 2 hardware. Affected consoles typically display the message “Error Code: 2124-4508,” indicating they have been banned from online features.

Consumers who have unknowingly purchased these second-hand consoles—at times through online marketplaces and retail stores—have reported the systems as inoperable.

While some buyers, such as a recent purchaser at Walmart, have successfully returned the consoles, others face significant barriers in the second-hand market, where the possibility of acquiring a non-functioning Switch 2 has diminished trust and resale value. Nintendo has acknowledged the complaint from Procon-SP and is expected to deliver a formal response within 20 days, according to statements cited by various local and international gaming outlets.

The outcome is anticipated to set a precedent for digital ownership rights and second-hand sales in Brazil and potentially other regions.

As the case develops, global attention remains firmly fixed on how Nintendo will address the intersection of copyright enforcement, consumer rights, and fair access to its flagship hardware platforms. This ongoing dispute emphasizes not only the evolving landscape of digital ownership in the video game industry but also the increasing role of consumer protection bodies like Procon-SP in holding major developers and hardware manufacturers accountable to their customers.

Stay tuned for updates on this legal challenge and Nintendo’s forthcoming response.

Nintendo Switch 2 Nintendo Switch 2 Switch consoles Brazil Procon-SP Nintendo Switch Nintendo eShop MiG carts