Nintendo Faces Legal Storm in Brazil Over “Abusive” Switch 2 Contracts and Lack of Local Presence

A Brazilian consumer protection agency, Procon-SP, has formally notified Nintendo asking for changes to parts of its contracts with Brazilian consumers that are seen as abusive. The main issue is that Nintendo can cancel service subscriptions or brick devices without any explanation or warning.

This case revealed a bigger problem: Nintendo does not have an official presence in Brazil. This makes it hard for consumer protection agencies to mediate disputes or enforce the country’s consumer laws.

Because of this, Procon-SP had to contact Nintendo’s headquarters in the United States directly. Only after that did Nintendo appoint a law firm in Brazil, but just to handle the specific contract clause under dispute.

The lack of formal representation in Brazil is a serious warning for consumers. Without a local presence, the protections offered by Brazil’s Consumer Protection Code are limited. Álvaro Camilo, the director of Service and Guidance at Procon-SP, said, “The existence of a representation in Brazil should be one of the criteria when deciding to buy, especially for digital services or foreign platforms. Without that base, Procons cannot fully act because laws vary between countries.”

This caution applies not only to abusive contract clauses but also to common problems like delayed deliveries or poor service. When a company isn’t registered in Brazil, it’s often impossible to hold them legally responsible.

In recent years, online shopping from international sites has grown rapidly in Brazil. Many of these platforms operate without any legal ties to the country. Even for small purchases, the risk is real: customers might end up with no product, no answers, and no support. Procon-SP recommends being extra careful, especially when buying fashion, electronics, or accessories online.

Consumers should always check if a company has a CNPJ (tax ID), a physical address in Brazil, and reliable customer service channels before buying. These details are essential for Procon-SP to step in if problems arise.

Nintendo has said it will review Procon-SP’s request and respond within 20 days. Meanwhile, Procon-SP encourages consumers to report any issues through their website at www.procon.sp.gov.br.

This new information adds to the ongoing concerns raised by Procon-SP about Nintendo’s strict user agreement for the Switch 2 console. The agency has already criticized Nintendo’s right to permanently disable consoles and block user accounts without clear reasons, calling those policies abusive and against Brazilian consumer laws.

Nintendo’s lack of local presence makes enforcing these protections even harder for Brazilian players.

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