Two Nintendo customers have taken the company to court, arguing that Nintendo is positioned to collect tariff money twice: once from consumers through higher prices, and again from the US federal government through a pending tariff refund lawsuit.
The class-action filing, first reported by Game File, was submitted in Washington state by Gregory Hoffert of California and Prashant Sharan of Washington. It covers American consumers who purchased tariff-affected Nintendo products between February 1 and February 24, 2026.
The double-dip allegation at the center of the case
Here's the thing: Nintendo is already suing the US government. Last month, Nintendo of America filed its own lawsuit against federal agencies over what it called the "initiation and administration of unlawful trade measures," asking the US Court of International Trade to refund tariffs paid, with interest, since they were imposed. That filing accused various US government agencies of collecting more than $200 billion in tariffs on imports from nearly all countries.
The new class-action flips that argument on its head. If Nintendo already passed those tariff costs to consumers through elevated prices, the lawsuit contends, then recovering the same money from the government would amount to unjust enrichment.
"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 filing states.
The suit also alleges the arrangement would violate Washington state consumer protection law.
How Nintendo got here: Switch 2, tariffs, and delayed pre-orders
The backdrop to all of this is the wave of US tariffs that took effect last April, right as Nintendo was preparing to launch the Switch 2. Pre-orders in the US were delayed from April 9 to April 24 as Nintendo navigated the uncertainty, though the console launched on schedule in June without further disruption.
Nintendo is far from alone in fighting back against those tariffs. More than 1,000 companies, including FedEx and Costco, have filed similar suits against the US government. These legal battles gained momentum after the Supreme Court struck down most of the global tariffs set by President Donald Trump earlier this year.
Nintendo of America has not yet publicly commented on the class-action filing. GamesIndustry.biz reached out for a response at the time of reporting.
What this means for consumers who bought Nintendo hardware early
The key here is the timing window in the lawsuit. Plaintiffs are specifically targeting purchases made between February 1 and February 24, 2026, suggesting the case is built around a period when tariff-related pricing was already factored into what consumers paid.
If the class-action succeeds and Nintendo is simultaneously awarded a government refund, the court would need to decide how those funds are distributed. The lawsuit asks the court to restrain Nintendo from retaining both the consumer-paid tariff costs and any federal refund.
For anyone who picked up Nintendo hardware during that window, this case is worth watching. You can browse more gaming news on our site as the legal situation develops across the industry.
Nintendo's dual position, as both a company that raised prices citing tariff pressure and one actively suing to recover those same tariff costs, puts it in a legally awkward spot. The courts will ultimately decide whether that constitutes a problem. Given that over 1,000 companies are fighting similar battles with the US government right now, the outcome here could set a precedent that reaches well beyond gaming.
