Nintendo Asks Court To Dismiss U.S. Tariff Refund Lawsuit


Switch
Image: Damien McFerran / Nintendo Life

Back in April, it emerged that two gamers in the U.S. filed a lawsuit against Nintendo, claiming that the company had an obligation to refund customers after it was deemed that tariffs affecting prices were actually illegal.

Nintendo raised prices for the original Switch along with a bunch of Switch 2 peripherals in August 2025 in what it described as a reaction to “market conditions”, however it was clear that the move was directly related to the imposition of tariffs.

After the tariffs were deemed illegal, Nintendo sued the U.S. government for appropriate refunds – refunds that, according to plaintiffs Gregory Hoffert and Prashant Sharan, should be relayed to customers who bought Nintendo’s products at higher prices. Otherwise, it’s argued that Nintendo could be benefitting from both the refunds and the extra money gained from price hikes.

Now, according to Game File, Nintendo is asking a court to dismiss the lawsuit entirely, arguing that customers “received exactly what they bargained and paid for” when purchasing its products at higher prices.

“The common thread among Plaintiffs’ claims is that it is somehow ‘unfair; that Nintendo has not retroactively adjusted its prices for completed sales in response to the outcome of the tariff litigation. But that is now how commercial transactions work.”

It’s worth noting that this won’t be unique to Nintendo. It’s likely that many companies affected by the tariffs will have adopted similar approaches and chosen not to refund customers. That’s unfortunately just how it is with big corporations.

And to be fair, purchasing anything inessential is a choice; not to defend Nintendo here, but no one is forced to buy consoles or accessories. If the prices seem in any way unattractive, you just don’t do it – right?

If the current component crisis eventually calms down and tech prices stabilise, we can’t imagine anybody seeking refunds for something they opted to purchase at an inflated price. Just seems like a lost cause to us.



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