Nintendo Seeks Dismissal of Consumer Class-Action Tariff Lawsuit

The video game company Nintendo Co., Ltd. has asked a U.S. federal court to dismiss a class-action lawsuit filed by consumers Gregory Hoffert and Prashant Sharan. The plaintiffs allege that Nintendo engaged in unjust enrichment by retaining government refunds from tariffs imposed by the Donald Trump administration in 2025, which include a 20 percent rate on imports from Vietnam. The lawsuit claims Nintendo should distribute these refunds to customers who purchased products, including Switch OLED, Switch Lite, and Switch 2 accessories, at inflated prices between February 1, 2025, and February 24, 2026.

The legal dispute follows a February 2026 ruling by the Supreme Court of the United States, which deemed these tariffs illegal. Following that decision, Nintendo sued the U.S. government in March for a full refund with interest. While the federal government is now implementing a refund process for importers, consumers argue that Nintendo is double-dipping by keeping the money while having previously raised retail prices.

Nintendo argues that retail transactions are binding contracts and that customers received exactly what they bargained for at prices they agreed to pay. The company asserts that price adjustments were modest, selective, and driven by a combination of labor, shipping, and memory costs. Nintendo further contends that it absorbed tariff costs for the flagship Switch 2 console and that some consumers paid third-party retailers rather than the company directly.