Overview
- Two customers filed a proposed class action in federal court in Washington state that seeks to force Nintendo to pass any tariff refunds to buyers.
- Nintendo had sued the U.S. government in March to recover tariffs after the Supreme Court struck them down as unlawfully implemented, and Customs and Border Protection has now opened a refund portal.
- The complaint says Nintendo would be unjustly enriched because it raised prices during the tariff period and then could collect the same money back from the government with interest.
- Plaintiffs cite Nintendo’s own statements and price moves, including a $5 increase on Switch 2 controllers and a later hike on the original Switch, and they define a class of U.S. purchasers from February 1, 2025 to February 24, 2026.
- The filing notes similar suits against companies like FedEx, UPS, EssilorLuxottica, and Costco, and it points to reports that refunds across companies could reach $160 billion as Nintendo declines to say if it will reimburse customers.