Nintendo is facing legal scrutiny over its 2025 pricing strategy for the Switch 2, following the filing of a class action lawsuit by two U.S.-based gamers. The lawsuit alleges the company is attempting to double-dip by both raising console prices and seeking refunds for tariffs paid to the federal government.
First reported by Stephen Totilo, the lawsuit was filed by Gregory Hoffert of California and Prashant Sharan of Washington. The complainants argue that Nintendo’s actions constitute unjust enrichment, as the company could recover tariff payments twice—once from consumers through higher prices and again from the government via refunds.
“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 suit claims that any refunds Nintendo receives would violate Washington state consumer protection law. Such refunds are plausible, given recent reports of large repayments to major corporations affected by tariffs. According to CNBC, companies like Walmart ($10.2 billion), Target ($2.2 billion), and Nike ($1 billion) have already secured or are in line for substantial refunds.
While the exact amount Nintendo might receive remains unclear, the lawsuit argues that consumers who paid higher prices for Switch 2 consoles and accessories are entitled to compensation. The gaming industry has seen widespread price increases since tariffs were imposed, with the PS5 Pro now retailing at $899 as a notable example.
This legal challenge highlights growing concerns over corporate pricing strategies amid tariff disputes, raising questions about fairness and transparency in consumer markets.