"If anyone is experiencing any problems with their Nintendo 3DS console, we recommend that in the first instance they download and install the latest system update, now available online,"
Followed up with:
"If the problems still persist we recommend they contact their local Nintendo Customer Service center to investigate the problem further."
Though this isn't unique with a new hardware launch it is disconcerting that internet hearsay suggests that the suggested solution isn't as successful as hoped. Since this handheld is still less than a week old, the retailer where the device was purchased will probably be more help replacing the device than Nintendo. Keep in mind this device is new and with all things new there will be kinks to iron out, the good news is Nintendo is aware of it.