Nintendo is facing legal heat in Brazil after Procon-SP, the country’s consumer protection agency, officially challenged the gaming giant’s power to permanently ban Switch 2 consoles from accessing any online features.
The move follows widespread reports from users who found their consoles suddenly locked out of online services – some even before they touched them.
The controversy stems from Nintendo’s updated user agreement for the Switch 2, which allows the company to remotely block consoles suspected of piracy or unauthorized modification. However, critics argue this policy unfairly punishes users – especially those who unknowingly purchase second-hand or refurbished consoles already flagged by Nintendo’s systems.
Procon-SP argues the bans violate Brazilian consumer rights, particularly when users have paid for online services they can no longer access. A banned Switch 2, identified by the error code 2124-4508, becomes virtually useless online: no game or system updates, no digital game access, no multiplayer, and no GameChat – even if the user has an active Switch Online subscription.
The agency has formally requested that Nintendo remove the offending clause from its user agreement. Nintendo of America has reportedly formed a legal team and has 20 days to respond.
Meanwhile, users in Brazil are being urged to report cases of banned consoles via Procon-SP’s website. The issue is particularly relevant in Brazil, where consoles and games are prohibitively expensive due to high import tariffs. Many consumers rely on the second-hand market, unintentionally exposing themselves to pre-banned hardware.
While some defend Nintendo’s right to fight piracy, others argue the current policy is excessive and lacks transparency. There’s growing concern that Nintendo’s zero-tolerance approach may backfire – especially if users feel they’re being punished for others’ mistakes or for simply trying to afford the hobby.