Brazil’s São Paulo consumer protection agency, Procon-SP, opened a legal challenge against Nintendo in June 2025 over Switch 2 clauses that let the company permanently disable, or “brick,” consoles it believes have been used with unauthorized software. The agency called the practice abusive under Brazil’s Consumer Defense Code and formally demanded that Nintendo rewrite the contract terms that grant it that power. This is the core of the Nintendo Brazil lawsuit over Switch 2 bricking: a regulator arguing that a console owner’s rights survive the sale, and a manufacturer arguing its license terms say otherwise.
What Procon-SP Is Demanding
On June 25, 2025, Procon-SP issued a formal notification to Nintendo built on two grounds.1Procon-SP. Nintendo: Procon-SP Cobra Mudanças Contratuais
The first is proportionality. The agency argues that permanently disabling a paid-for console and cutting off all its online functionality is an excessive penalty that strips consumers of services they have already bought, most obviously Nintendo Switch Online subscriptions.2IGN. Brazil’s Consumer Rights Watchdog Issues Legal Challenge Procon-SP wants the EULA clause that authorizes this action removed.
The second is access to justice. Nintendo has no formal legal representative in Brazil, a gap left over from its 2015 exit from the market.3Tech in Brazil. The Market for Video Games in Brazil Álvaro Camilo, Procon-SP’s Director of Customer Service and Guidance, said that “without a legal representative in Brazil, the consumer is left without a clear path to resolve conflicts.”4Nintendo Everything. Nintendo Facing Legal Issue in Brazil Over Ability to Ban Nintendo Switch 2 Consoles The agency had to route its notification through Nintendo’s U.S. headquarters. It also issued a broader warning telling Brazilians to check for a CNPJ (Brazilian taxpayer registration) and a local address before buying from any company.1Procon-SP. Nintendo: Procon-SP Cobra Mudanças Contratuais
Nintendo was given 20 days to respond and appointed a Brazilian law firm to handle the matter, committing to review the demands within the deadline.4Nintendo Everything. Nintendo Facing Legal Issue in Brazil Over Ability to Ban Nintendo Switch 2 Consoles
The EULA Clause at the Center of the Case
In May 2025, roughly a month before the Switch 2’s June 5 launch, Nintendo updated its account user agreement with expanded restrictions on reverse engineering, modifying the system, bypassing protections, and using unauthorized copies of its services. The agreement warns that violations may “render the Nintendo Account Services and/or the applicable Nintendo device permanently unusable in whole or in part.”5Gamefile. Nintendo Emulation Hacking Brick Warning Terms of Service That is the language that authorizes bricking the console itself, not just closing an account.
The scope isn’t identical everywhere. The U.S. version reaches the physical device. The European version is narrower, stating that unauthorized use “may result in the Digital Product becoming unusable,” which limits enforcement to the pirated software rather than the whole console.6Meristation (AS). Nintendo Can Disable Your Switch 2 for Piracy in the US but Not in Europe The U.S. version also carries a binding arbitration clause with a class-action waiver, subject to a 30-day mail-in opt-out.7Rossmann Group Wiki. Nintendo’s May 2025 Policy Updates
What Nintendo’s Bans Actually Do
The regulatory action came after real consoles started going dark. Within days of launch, Nintendo began permanently banning Switch 2 units from its online services. The main trigger was the MIG Switch, a third-party flash cartridge for running unofficial copies of games. Nintendo’s servers track a unique identifier on each physical cartridge; when the same ID surfaces on multiple consoles or in multiple places, the hardware gets flagged.8Tom’s Hardware. Switch 2 Account Ban Saga Continues
A banned console shows error code 2124-4508 and loses access to almost every connected feature: the eShop, digital downloads, Game-Key cartridge playback, system and game updates, online multiplayer, GameChat, and the Nintendo Switch Online subscription library, including its retro catalogs.9IGN. Buying Switch 2 Secondhand? Beware Nintendo’s Anti-Piracy Solution Nintendo support has told users the bans are permanent.
The effect has reached beyond people who knowingly modded their systems. One user reported buying a pre-owned Switch 2 from Walmart that arrived already banned.9IGN. Buying Switch 2 Secondhand? Beware Nintendo’s Anti-Piracy Solution Another said their console was bricked after buying a game key from the third-party seller CD Keys, with Nintendo support calling the ban “irreversible.”10The Gamer. Nintendo Bricking Switch 2 Consoles Over Buying Keys From Third-Party Sellers Nintendo of America has indicated it may reverse a ban if a user can prove they acted in good faith, but no formal appeals process has been announced.8Tom’s Hardware. Switch 2 Account Ban Saga Continues
Why Brazilian Law Gives Procon-SP Leverage
Brazil’s Consumer Defense Code, Law 8078/1990, is unusually protective and reaches broadly. It applies to tangible and intangible goods, to paid services, and to foreign companies offering products or services to the Brazilian market regardless of where they are headquartered.11ICLG. Consumer Protection Laws and Regulations – Brazil
Several provisions frame Procon-SP’s argument:
- Article 51 declares contract clauses null if they cut a supplier’s liability, allow the supplier to unilaterally cancel a contract without giving the consumer the same right, or put the consumer at an unreasonable disadvantage.11ICLG. Consumer Protection Laws and Regulations – Brazil
- Article 6(V) gives consumers the right to seek modification of clauses that create disproportionate benefits or are excessively onerous.12Lex Mundi. LATAM Consumer Guide – Brazil
- Suppliers are liable for defects that render a product unfit for use or reduce its value; if unresolved within 30 days, the consumer can demand a replacement, refund, or price reduction.11ICLG. Consumer Protection Laws and Regulations – Brazil
- Procon agencies and the national body Senacon can impose administrative penalties including fines of up to roughly BRL 13 million, product seizure, and suspension of sales.11ICLG. Consumer Protection Laws and Regulations – Brazil
Procon-SP’s position, in effect, is that a EULA giving the seller power to permanently disable a product the buyer already owns, with no comparable exit right for the consumer and no clear appeals path, is exactly the kind of clause Article 51 was written to void.
Where the Case Stands
As of mid-2026, the matter is still at the notification and complaint stage. Procon-SP has not publicly escalated to formal administrative proceedings or issued fines.1Procon-SP. Nintendo: Procon-SP Cobra Mudanças Contratuais Nintendo has counsel in place through a Brazilian firm, but no ruling, settlement, or concluded negotiation has been made public. The agency has urged affected Brazilian consumers to file reports through the Procon-SP website, which builds the evidentiary record for any further action if Nintendo’s response falls short.2IGN. Brazil’s Consumer Rights Watchdog Issues Legal Challenge
One boundary worth noting for readers outside Brazil: this challenge is a Brazilian administrative action, not a class action or an injunction that changes Nintendo’s terms elsewhere. The narrower European EULA language limits bricking to the pirated software rather than the console, but U.S. owners remain subject to the broader clause and its arbitration provisions.