Nintendo’s end-user license agreement tied to theNintendo Switch 2console has reportedly been deemed “abusive” by a Brazilian consumer protection agency over the company’s ability to permanently disable the Switch 2 units of users who Nintendo has found to have violated the contract. The agency has reportedly put the company on official notice over itsNintendo Switch 2policies, which it claims violate Brazilian consumer protection laws.
Following the console’s worldwide launch on June 5,sales of the Nintendo Switch 2 broke historic records, nearly tripling the day-one sales of PlayStation 4 units set in 2013, according to insider estimates. Exact sales figures related specifically to Brazil are unclear, but demand has obviously been high, as available units sold out two days ahead of the console’s launch, as reported byNintendo Soup.
While thepopularity of the Nintendo Switch 2is evident in Brazil, some of the provisions of its end-user license agreement have reportedly caught the attention of PROCON-SP, the São Paulo-based branch of Brazil’s Consumer Protection and Defense Program. As pointed out byTechnoblog, Nintendo maintaining the ability to terminate user accounts and to render its consoles permanently inoperable without giving a valid reason is a violation of the nation’s Consumer Protection Code section 8.078/90, which under its own language, “seeks to meet consumer needs, to respect their dignity, health and safety, to protect their economic interests, to improve their quality of life, and to ensure transparency and harmony in consumer relations.” Another supposed legal clash reportedly raised by PROCON-SP is the EULA’s provision prohibiting consumers from filing lawsuits against Nintendo.
Brazilian Protection Agency Deems Nintendo’s EULA “Abusive” Towards Consumers
Nintendo has maintained that the provisions in question, which were added about a month before the Switch 2’s launch, were put in place as anti-piracy measures.Nintendo warned players it could brick their Switch or Switch 2 consolesif any unauthorized modding had been detected, and the nondescript language used in the EULA was likely put in place as a catch-all that could avoid technical loopholes that potential pirates could use to sidestep any specific regulations.
The official notification had reportedly been sent to Nintendo on Jun 13, 2025, and reports state that Nintendo has agreed to officially respond to PROCON-SP’s legal concerns within 20 days of that date. Meanwhile, the license agreement’s language has caused other problems in the used console market, ascustomers have been warned against buying used Switch 2 consolesdue to the possibility of Nintendo having already rendered them permanently inoperable.
