Nintendo says users voluntarily paid higher prices, have no right to tariff refunds

Key Points:

• Nintendo has requested a court dismiss a class-action lawsuit claiming customers who bought Switch consoles and other products are entitled to tariff refunds Nintendo may receive from the government, arguing buyers have no legal right to such refunds since they voluntarily paid the prices at the time of purchase.
• The lawsuit, filed by two US residents, alleges Nintendo unjustly profited by raising prices due to tariffs, failing to disclose plans to seek tariff refunds, and retaining those refunds despite passing costs to consumers; Nintendo counters that unjust enrichment does not apply when products were delivered as paid for.
• Similar lawsuits have been filed against Sony and Microsoft regarding PlayStation and Xbox consoles, respectively, as over 100 class actions have emerged nationwide targeting companies that raised prices due to now-invalidated Trump-era tariffs.
• Legal experts note defenses companies may use include contracts governing transactions and the argument that tariffs were legally imposed at the time, with many firms likely to seek arbitration clauses to resolve disputes; Nintendo has already moved to compel arbitration for one plaintiff.
• The broader litigation stems from the Supreme Court ruling that Trump’s International Emergency Economic Powers Act tariffs were illegally imposed, triggering a government refund process limited to importers, leaving ordinary consumers seeking refunds through lawsuits against businesses.