Nintendo says customers lack legal right to Nintendo tariff refunds, seeks dismissal of class action

Nintendo tariff refunds: Court urged to dismiss class action

In a motion filed Tuesday, Nintendo argued that buyers of its Switch console and accessories have no legal entitlement to the tariff refunds the company expects from the U.S. government. The firm contended plaintiffs are seeking to create a duty “out of whole cloth” to retroactively adjust prices after the regulatory shift.

“The legal landscape has changed, but the contracts were signed under different rules,” Nintendo’s counsel said.

Two consumers – California’s Gregory Hoffert and Washington’s Prashant Sharan – filed the suit in April, alleging unjust enrichment and a breach of the Washington Consumer Protection Act. They seek to represent all U.S. residents who purchased Nintendo products between February 2025 and February 2026.

Nintendo stands to receive roughly ↓ $40 million in refunds, a sum it says cannot be passed to customers without statutory authority. The company’s motion asks the U.S. District Court for the Western District of Washington to dismiss the case.

Legal analysts note that similar disputes have surfaced after the U.S. lifted tariffs on several Asian electronics, prompting Reuters to track ensuing consumer lawsuits.

Correction: The filing date was updated to reflect the correct month of April.

Dispatch from Eleanor Cross (Chief Washington Correspondent).