Nintendo is seeking to have a class action lawsuit dismissed in the United States, challenging claims that it owes customers money for price increases on Switch hardware. The lawsuit, filed by two American consumers, alleges that Nintendo improperly raised prices in response to tariffs that were later declared illegal. According to the plaintiffs, Nintendo should refund the difference to customers who paid inflated prices for Switch consoles and accessories, as the company has allegedly recouped these costs twice: once from the U.S. government and again from its customers.
In a filing obtained by Game File, Nintendo's legal team contends that customers are "not entitled to a rebate simply because of intervening legal developments related to tariffs." The company asserts that it set prices for its products, and consumers voluntarily agreed to purchase them at those prices. Nintendo's filing states that customers "received exactly what they bargained and paid for: a console, game and/or accessory at a price to which both parties agreed."
Nintendo's defense also claims that the company did not pass on the full cost of the tariffs to consumers, stating that "Unlike many of its market peers, however, Nintendo did not simply increase each product’s price by the amount of tariffs it paid on that product or impose an across-the-board tariff surcharge." The company further attributes price hikes to other market factors, such as memory shortages and increased shipping costs.
The filing emphasizes that commercial transactions are not subject to retroactive price adjustments based on subsequent legal or financial changes. "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,” Nintendo’s lawyers wrote in their motion to dismiss. "But that is not how commercial transactions work."
This legal battle stems from price increases implemented in response to tariffs imposed under the Trump administration. Nintendo had previously challenged these tariffs. The outcome of Nintendo's motion to dismiss the lawsuit is pending.