Two gamers have filed a class action lawsuit against Nintendo of America, alleging the company intends to keep tariff refunds from the government rather than passing them back to consumers who paid higher prices. The complaint, filed in the US District Court for the Western District of Washington by plaintiffs Gregory Hoffert of California and Prashant Sharan of Washington, seeks to represent all US residents who bought Nintendo products from February 2025 to 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," the lawsuit states. It accuses Nintendo of unjust enrichment, arguing the company should not be permitted to retain profits from price increases on goods subject to tariffs that were later ruled unlawful.
The lawsuit follows a February Supreme Court ruling that President Trump illegally imposed tariffs under the International Emergency Economic Powers Act (IEEPA). The government opened a portal for importers to request refunds this week, with processing expected to take 60 to 90 days. Over 330,000 importers paid a total of $166 billion in IEEPA duties as of March 4.
Nintendo itself sued the Trump administration last month, seeking a court order to prevent the government from withholding parts of the refunds. The gamers' complaint notes this action shows Nintendo "stands to recover substantial sums" and now seeks to recover from the government "duties whose economic burden was borne, in whole or in part, by Plaintiffs."
The lawsuit cites specific price increases: Nintendo Switch 2 accessory prices rose by $1 to $10 in April 2025, with the Pro Controller going from $79.99 to $84.99 and the Dock Set from $109.99 to $119.99. Original Switch console prices increased by $30 to $50 in August 2025. Nintendo President Shuntaro Furukawa told investors in May 2025 that "if tariffs are imposed, we recognize them as a part of the cost and incorporate them into the price."
Beyond alleging unjust enrichment, the complaint claims violations of the Washington Consumer Protection Act through unfair acts including raising prices due to tariffs, failing to disclose intent to seek refunds, and retaining refunds after passing costs to customers. The lawsuit seeks return of "all monies wrongfully obtained" and notes the amount in controversy exceeds $5,000,000.
Even if refunds are issued, Nintendo faces ongoing tariff issues. President Trump responded to his Supreme Court loss by imposing a new 10 percent tariff under the Trade Act of 1974, with states already suing to block it and further litigation likely. When asked about its plans for tariff refunds and the lawsuit, Nintendo provided no comment.