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Nintendo Sued Over Tariff Refunds

Ars Technica •
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Two US gamers have filed a class action lawsuit against Nintendo of America, alleging the company plans to pocket tariff refunds from the government rather than return the money to consumers who paid higher prices during the tariff period. The lawsuit covers all US residents who purchased Nintendo products from February 2025 to February 2026, claiming Nintendo stands to "recover the same tariff payments twice"—once from consumers through higher prices and again from the government.

The legal action follows the Supreme Court's February ruling that President Trump illegally imposed IEEPA tariffs. The government opened an online refund portal this week, with processing expected to take 60 to 90 days. Nintendo separately sued the administration seeking full refunds, while the new lawsuit accuses the gaming company of "unjust enrichment" by retaining profits generated from tariff-related price increases.

The lawsuit specifically cites Nintendo's price increases for Switch 2 accessories in April 2025, including raising the Pro Controller from $79.99 to $84.99 and the Dock Set from $109.99 to $119.99. Original Switch console prices increased $30-$50 per model in August 2025. Nintendo President Shuntaro Furukawa had previously stated the company would incorporate tariff costs into product prices.

The lawsuit seeks return of all monies wrongfully obtained by Nintendo, with damages exceeding $5,000,000. It claims Nintendo violated Washington's Consumer Protection Act by raising prices due to tariffs, failing to disclose refund intentions, and keeping the refunds. The filing comes as Nintendo faces ongoing tariff uncertainty with Trump's new 10% tariffs under the Trade Act of 1974, which states are now suing to block.