Nintendo’s end-user license agreement (EULA) associated with the Nintendo Switch 2 console has been labeled as “abusive” by a Brazilian consumer protection agency. This designation stems from the EULA’s clause allowing Nintendo to permanently disable consoles for users who breach the agreement. Consequently, the agency has formally notified Nintendo regarding the problematic policies surrounding the Nintendo Switch 2, asserting that they conflict with local consumer protection regulations.

Following its global release on June 5, the Nintendo Switch 2 saw unprecedented sales, reportedly achieving near threefold the day-one sales record previously held by the PlayStation 4, based on insider insights. While sales figures specific to Brazil remain unclear, demand was evidently substantial, with units selling out two days before the official launch.

The Brazilian agency, PROCON-SP, raised concerns about the EULA’s provisions that permit Nintendo to terminate user accounts and render consoles permanently inoperable without justification. They argue that these actions contravene Brazil’s Consumer Protection Code, which aims to safeguard customers’ rights.

Nintendo maintains that these EULA provisions were implemented as anti-piracy measures. They have warned players that unauthorized modifications to their Switch units could result in permanent deactivation, a stipulation likely designed to close loopholes that pirates could exploit.

As per reports, a notification was officially sent to Nintendo on June 26, 2025, and the company has committed to replying to PROCON-SP’s legal inquiries within a 20-day timeframe. Given the controversial language of the license agreement, potential resale of used consoles raises further issues, as consumers are cautioned against purchasing previously owned units that might already be nonfunctional.