The lawsuit alleges that Nintendo could receive double compensation for tariff-related costs.
Video game publishing giant Nintendo is being sued by gamers who allege that the company is unjustly enriching itself by seeking tariff refunds from the United States (US) government, despite already offsetting those costs by raising the prices of its hardware and accessories in February.
While the case is ongoing, Nintendo has declined to address the situation, according to Game File.
What is in the lawsuit against Nintendo?
The class action lawsuit–filed by two gamers, California-based Gregory Hoffert and Washington-based Prashant Sharan–claims that “Nintendo’s recovery of any tariff refunds would constitute unjust enrichment and violate Washington state consumer protection law,” Game Files reported.
The two plaintiffs, who both purchased Nintendo products affected by the tariffs, are stated to represent all individuals in the US who bought Nintendo products at increased prices between 1 February, 2025 and 24 February, 2026.
“Unless restrained by this Court, Nintendo stands to recover the same tariff payments twice–once from consumers through higher prices and again from the federal government through tariff refunds, including interest paid by the government on those funds,” the lawsuit claims.
A rundown of Nintendo’s tariff case
The lawsuit comes just a month after Nintendo itself, alongside thousands of other companies, challenged the US government over tariffs that were recently declared illegal by the US Supreme Court.
Nintendo filed a claim with the US government to secure tariff refunds, joining several major companies affected by the tariffs, including Sony and Microsoft. This move reportedly pressured the government to introduce a refund system earlier this week, which could see businesses receive up to $160 billion in tariff reimbursements, according to CNBC.
With the government set to reimburse Nintendo for tariff costs, the lawsuit argues that the company could effectively be compensated twice. This sentiment has also been widely echoed online, with many consumers who paid higher prices for Nintendo products arguing that any refunds should instead be returned to those who bore the cost of the tariffs.
What did Nintendo say about the refund issue?
When asked by Game File whether the company would pass any refund money on to customers, Nintendo gave a non-committal response: “We can confirm that we filed a request. We have nothing else to share on this topic.”
