Following the recent fuss about the quality of the straps on Nintendo’s Wii controller, it seemed inevitable that legal action would be taken against the Kyoto-based company. An aggrieved Texan is first out of the gates. He has filed suit against Nintendo, claiming that the Wii strap is “ineffective for its intended use.”

The suit also claims that Nintendo has breached the Wii’s warranty and used “unfair and deceptive practices” in making unjustified claims about the effectiveness of the strap. The plaintiff is seeking damages from Nintendo and is aiming to convert the case into a class-action lawsuit which would allow anyone to join.

Nintendo retorts that the suit is “without merit” and insists it has already taken action to address the problem by replacing the controller straps with stronger ones and issuing warnings about correct use of the device.