Nintendo’s end-user license agreement (EULA) for the new Nintendo Switch 2 console has come under scrutiny from a Brazilian consumer protection agency, resulting in the classification of certain terms as “abusive.” This designation is primarily based on the company’s power to permanently disable user consoles for violations of the EULA.
The agency, PROCON-SP, has formally notified Nintendo of its concerns, claiming these policies infringe upon Brazilian consumer protection laws. The Nintendo Switch 2 saw unprecedented success following its global launch on June 5.
Estimates suggest that its day-one sales nearly tripled those of the PlayStation 4 in 2013. Although specific sales data for Brazil remains unclear, it’s evident that demand has been significant, as reported by Nintendo Soup, with available units selling out two days prior to launch.
Despite its popularity, potential owners should be cautious. An unfortunate buyer of the Switch 2 warned fellow gamers about the risks of receiving a permanent ban from Nintendo, which can lead to irrevocable consequences.
PROCON-SP’s concerns are centered on aspects of the EULA that seemingly allow Nintendo to terminate user accounts and disable consoles without justification—a point that raises violations of the Brazilian Consumer Protection Code. This code emphasizes the need to protect consumer rights, health, and economic interests, promoting transparency in business.
Nintendo justifies the EULA’s controversial provisions as necessary anti-piracy measures. It has warned users that any unauthorized modifications could render their consoles inoperable.
The notification from PROCON-SP was sent on June 26, 2025, and Nintendo has promised to respond within 20 days. In light of these developments, the language of the license agreement poses additional challenges in the used console market, where buyers are warned about the risks of acquiring previously owned Switch 2 units that could already be disabled by Nintendo.