Nintendo Argues Consumers Have No Right to Tariff Refunds After Switch Price Hikes

Nintendo has filed a motion to dismiss a proposed class action lawsuit (Hoffert et al v. Nintendo) that argued the company should pass its U.S. tariff refunds on to consumers who paid higher prices for Switch products last year. In a filing made Monday, Nintendo's lawyers contended that buyers "received exactly what they bargained and paid for" and are "not entitled to a rebate simply because of intervening legal developments related to tariffs." The company also noted that its price adjustments reflected a range of cost pressures, including memory, labor, and shipping, and that it actually absorbed tariff costs on the Switch 2 itself rather than passing them on directly.

The backdrop: Nintendo raised prices on Switch 2 accessories and the original Switch following the Trump administration's sweeping tariffs, which the U.S. Supreme Court later ruled illegal. The government has since promised roughly $160-166 billion in refunds to importers, and Nintendo sued the U.S. government to recoup its payments. Consumers then sued Nintendo in April, arguing the company would be double-dipping. A judge will now decide whether the class action proceeds or is dismissed.