Two Nintendo customers have filed a class-action lawsuit claiming Nintendo stands to pocket tariff money twice: first by charging consumers higher prices, then by collecting a refund from the US government through separate litigation.
The lawsuit was filed in Washington state by Gregory Hoffert of California and Prashant Sharan of Washington. It targets American consumers who bought tariff-affected Nintendo products between February 1 and February 24, 2026.
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The double-dip allegation at the center of the case
Nintendo is already in court against the US government. Last month, Nintendo of America sued federal agencies over what it called unlawful trade measures, demanding the US Court of International Trade refund tariffs paid since they were imposed, plus interest. That suit accused government agencies of collecting over $200 billion in tariffs on imports from nearly every country.
This new class-action reverses the angle. If Nintendo already baked those tariff costs into consumer prices, the plaintiffs argue, then getting the same money back from the government would be 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 claims this arrangement violates Washington state consumer protection law.
How Nintendo got here: Switch 2, tariffs, and delayed pre-orders
The context is the US tariff wave that hit last April, right when Nintendo was gearing up for the Switch 2 launch. Pre-orders in the US got pushed from April 9 to April 24 while Nintendo sorted through the tariff mess, though the console itself launched on schedule in June.
Nintendo isn't fighting this alone. Over 1,000 companies, including FedEx and Costco, have sued the US government over the same tariffs. These cases picked up steam after the Supreme Court struck down most of the global tariffs set by President Donald Trump earlier this year.
What this means for consumers who bought Nintendo hardware early
The lawsuit zeroes in on purchases made between February 1 and February 24, 2026. That window suggests the case is built around a period when tariff-related pricing was already baked into what consumers paid.
If the class-action wins and Nintendo also gets its government refund, the court will have to decide how those funds get split. The lawsuit asks the court to stop Nintendo from keeping both the consumer-paid tariff costs and any federal refund.
Anyone who bought Nintendo hardware during that window should keep an eye on this. You can browse more gaming news on our site as the legal situation plays out across the industry.
Nintendo's position is legally awkward. The company raised prices citing tariff pressure, then turned around and sued to recover those same tariff costs. Whether that's a problem is now up to the courts. With over 1,000 companies fighting similar battles against the US government, the outcome here could set a precedent that reaches far beyond gaming.
