According to reports, Brazilian consumer protection agencies have determined that there is a "overlord clause" in Nintendo's "Nintendo Switch2 End User License Agreement", which allows Nintendo to permanently disable its host if it determines that a user violates the agreement.The Brazilian Consumer Protection Foundation (PROCON-SP) has issued a formal notice to Nintendo on alleged violations of the country's Consumer Protection Act.
According to internal data, the first-day sales of this new console, which was released globally on June 5, almost three times the first day of the PS4 debut in 2013, setting a record.Although the specific sales data for the Brazilian market have not been released yet, according to Nintendo Soup, local inventory was sold out two days before its release, which shows that demand is booming.
Despite the popularity of Switch2 in Brazil, some of the terms in its user agreement have attracted the attention of the consumer protection agencies in the state of São Paulo.Technoblog pointed out that Nintendo reserves the right to "terminate user accounts without reason" and "permanently ban hosts", which violates the legislative purpose of Brazil's Consumer Protection Act (Law No. 8.078/90) - "protect consumer needs, safeguard their dignity, health and safety, protect economic interests, improve quality of life, and ensure transparent and harmonious consumer relations."In addition, the terms in the agreement that prohibit consumers from suing Nintendo are also suspected of being illegal.
Nintendo explained that these new terms, which were added a month before the console was released, were intended to be anti-pirated.The company has warned players that unauthorized modifications may cause Switch or Switch2 hosts to become bricked.The vague statement in the protocol is to avoid technical loopholes and prevent pirates from taking advantage of loopholes.
The notice was said to have been delivered to Nintendo on June 26, 2025, and the company must make a formal response within 20 working days.Meanwhile, the terms of the agreement have had an impact on the second-hand market, and some consumers have received warnings that "there is a risk to purchase a second-hand Switch2" because the console may have been permanently locked by Nintendo.
