Nintendo asks court to dismiss class action lawsuit that accuses company of not passing on US tariff refunds to customers, says: ‘They are not entitled to a refund because …’

Nintendo has filed a motion to dismiss a proposed class action lawsuit in a US court. The lawsuit, initiated by Gregory Hoffert and Prashant Sharan, alleges that Nintendo should pass on tariff refunds to consumers following a US Supreme Court ruling that certain import tariffs were illegal. The plaintiffs argue that Nintendo profited by raising prices due to tariffs and is now seeking refunds for products sold between February 2025 and February 2026.

In its defense, Nintendo argues that customers are not entitled to rebates due to intervening legal developments. The company maintains that consumers received exactly what they bargained for at the time of purchase and that reopening completed retail transactions would disrupt standard commercial practices. Nintendo also noted that its pricing decisions were influenced by various factors, including labor, shipping, and memory costs, rather than just tariffs.

Furthermore, Nintendo claims it did not apply across-the-board surcharges and actually chose to absorb tariff costs for some popular products, such as the Nintendo Switch 2. If the court does not dismiss the case, Nintendo has requested that the dispute be moved to private arbitration. Notably, Sony is currently facing a similar lawsuit regarding tariff refunds.

(Source：Times of India)