Nintendo says users voluntarily paid higher prices, have no right to tariff refunds - Ars Technica

What the report says

Ars Technica reported that Nintendo has asked a federal court to throw out a proposed class action seeking refunds for tariff-related price increases on Switch consoles and accessories. In a motion to dismiss, Nintendo argued that customers who bought its products at advertised prices are not legally entitled to any tariff refunds the company may later receive from the government.

The case was filed in April in the US District Court for the Western District of Washington by California resident Gregory Hoffert and Washington resident Prashant Sharan. They seek to represent US buyers of Nintendo products from February 2025 to February 2026 and allege unjust enrichment and violations of Washington consumer-protection law. According to the complaint described by Ars, Nintendo raised original Switch prices by $30 to $50 and increased some Switch 2 accessory prices by $5 to $10, while allegedly planning to seek tariff refunds.

Nintendo’s position is that the buyers voluntarily completed purchases and received the products they chose to buy, so the company has no duty to retroactively adjust prices because tariff law later changed. Ars also reported that Nintendo is trying to send Hoffert’s claims to arbitration, citing prior acceptance of Nintendo agreements, and reserved the possibility of seeking arbitration for Sharan if discovery supports it.

The dispute is part of a broader wave of consumer lawsuits after rulings against Trump-era tariff measures and the start of a refund process for importers and customs brokers. Ars noted similar cases against Sony and Microsoft, and cited legal commentary saying more than 100 consumer class actions have targeted companies accused of passing tariff costs to customers while seeking government refunds.