Two American consumers have initiated a class action lawsuit against Nintendo of America, alleging the company stands to profit unfairly from tariff refunds it expects to receive from the U.S. government. The suit, filed by Gregory Hoffert of California and Prashant Sharan of Washington, claims Nintendo already passed the cost of certain tariffs onto consumers through increased prices for accessories and consoles, and now seeks to recoup those payments a second time.
The core of the litigation rests on the assertion that Nintendo, by increasing product prices in response to tariffs, has already shifted the financial burden to its customers. The gamers argue that any refunds Nintendo secures from the government should therefore be returned to the consumers who ultimately paid those inflated costs. This legal maneuver unfolds as Nintendo itself is among over 1,000 companies suing the U.S. government for the return of tariffs deemed unlawful.
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The Supreme Court's recent ruling that President Trump illegally imposed certain International Emergency Economic Powers Act (IEEPA) tariffs has opened the door for importers, including Nintendo, to seek refunds. A government portal for processing these refund requests has been established, with processing times estimated between 60 to 90 days.
Nintendo initially filed its own lawsuit against the U.S. government in March, seeking the full repayment of tariffs paid, with interest, and asking a court to prevent the government from withholding portions of these refunds. However, this action was placed on hold pending the implementation of the refund process.
While Nintendo has not explicitly stated its intentions regarding passing any potential refunds onto consumers, it has increased the prices of various accessories, and the original Switch console also saw a minor price adjustment due to the tariffs. Some other companies, like FedEx and UPS, have publicly committed to returning tariff refunds to their customers, a step Nintendo has yet to take.
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The lawsuit cites comments from Nintendo executives that connect the tariffs to price hikes, and alleges that Nintendo's retention of any refund would constitute "unjust enrichment" and violate consumer protection laws in Washington state. The claimants specifically purchased Nintendo products affected by price increases between February 1 and February 24, 2026.
Nintendo of America has been contacted for comment regarding the new lawsuit.
