A pair of Nintendo of America customers has filed a lawsuit against the company, demanding that the money the gaming company expects to receive from the Trump tariff refunds be passed on to consumers.

The proposed class action lawsuit, filed Tuesday in the US District Court for the Western District of Washington, claims that Nintendo of America has made no commitment to refund customers for the money they paid to settle the now-voided duties imposed by the Trump administration. The lawsuit says Nintendo engaged in “unjust enrichment” and violated Washington state’s consumer protection law. 

“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 states. 

Nintendo of America, a subsidiary of Japanese video game giant Nintendo, didn’t immediately respond to a request for comment.

The lawsuit comes as businesses begin applying for refunds for duties they paid to the US government as a result of President Donald Trump’s tariffs on foreign trading partners in February 2025. Trump invoked the 1977 International Emergency Economic Powers Act to justify raising taxes on goods imported from nearly every country in the world.

The US Supreme Court struck down those tariffs in February, ruling that the emergency powers law didn’t authorize the use of tariffs to counter national emergencies. Before the ruling was issued, the US government collected more than $160 billion in revenue from thousands of companies. One of those companies was Nintendo of America, according to the lawsuit.

Nintendo raised the cost of several accessories by $5 to $10 in April 2025, after the tariffs were imposed, according to Forbes, attributing the price increase to “changes in market conditions.” In August, Nintendo increased the US price of the original Switch hardware, according to Video Games Chronicle, hiking the cost of the Switch Lite by $30 and the Switch OLED by $50

Lawsuits seeking refunds for consumers have also been filed against the maker of Ray-Ban, EssilorLuxottica, and the clothing-maker Lululemon. Meanwhile, shipping companies FedEx, DHL and UPS have promised to pass along the money to their customers.

Tuesday’s lawsuit against Nintendo of America was filed by Gregory Hoffert of California and Prashant Sharan of Washington state. The pair seeks unspecified damages and restitution for consumers who purchased Nintendo products between Feb. 1, 2025, and Feb. 24, 2026, during the period when the tariffs were in effect.