Nintendo Files Motion to Dismiss Lawsuit Demanding Refunds After US Tariffs Deemed Illegal

Lawyers for the Switch 2 makers said that the customers "received exactly what they bargained and paid for" despite higher prices.

Posted By | On 21st, Jul. 2026

nintendo switch 2

Following a class-action lawsuit filed by US-based gamers who were demanding that Nintendo issue refunds to customers for price hikes imposed by the country’s import tariffs, the company has said that it has no legal obligation to do so.

In a filing from earlier this week in the case of Hoffert et al v. Nintendo, as caught by Game File, the company said that the customers “received exactly what they bargained and paid for” when buying products despite price hikes. Rather than issuing refunds, Nintendo has said that the plaintiffs “are not entitled to a rebate simply because of intervening legal developments related to tariffs.”

The lawsuit itself alleges that by not passing on the price difference from the tariffs after they had been deemed illegal by the US Supreme Court, Nintendo was committing a crime.

“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,” continued the lawyers in a motion to dismiss. “But that is not how commercial transactions work.”

The Supreme Court’s ruling happened earlier this year, with the bench deeming the US tariffs as being illegal by a vote of 6-3. Even at the time, however, the ruling didn’t quite offer any concrete decision on how refunds for the tariffs would work. Justice Brett Kavanaugh, for instance, noted that the federal government “may be required to refund billions of dollars to importers” that had paid the tariffs.

Interestingly, the Supreme Court’s ruling was followed by Nintendo of America, alongside more than a thousand other companies, filing its own lawsuit against the government, calling the implementation of the tariffs to be illegal, and demanding refunds.

“This action concerns Defendants’ initiation and administration of unlawful trade measures that have, to date, resulted in the collection of more than $200 billion in tariffs on imports from nearly all countries,” wrote Nintendo’s lawyers.

Leading up to the launch of the Nintendo Switch 2, company president Shuntaro Furukawa had spoken about the potential of the console’s price going up to deal with the import tariffs imposed by the US. He noted that would be done despite the primary focus still being on encouraging mass adoption of the Switch 2.

“At this time, the top priority is to quickly popularize the Switch 2 hardware,” said Furukawa back in May 2025. “If the assumptions regarding tariffs change significantly, we would like to consider what price adjustments we should make and implement them after considering various factors.”

While Nintendo managed to avoid raising the Switch 2’s prices because of the US tariffs, the company hasn’t been able to avoid the global component shortages. This has led to the Switch 2’s price going up from $449.99 to $499.99. These prices are slated to go into effect from September 1st onwards.

In a statement, Furukawa noted that the price hikes are happening because current market conditions don’t seem to be temporary. “If the increase in costs were seen as something temporary that would subside relatively soon, then we could have pursued other options, such as working to improve productivity and expand the installed base while maintaining hardware prices.”


Keep On Reading!

Two PlayStation Games Sold Over 10,000 Physical Copies in the Week Ending on July 11th – Analyst

Two PlayStation Games Sold Over 10,000 Physical Copies in the Week Ending on July 11th – Analyst

Mat Piscatella notes that, "Without a GameStop or other retailers willing to push back," Sony won't end up cha...

Warhammer 40,000: Dawn of War 4 Shows Off Necrons in New Cinematic Trailer

Warhammer 40,000: Dawn of War 4 Shows Off Necrons in New Cinematic Trailer

We can’t help but wonder if those ancient relics in the Blood Ravens expansion have something to do with the...

Fatal Fury: City of the Wolves Trailer Lifts the Curtain on Rick Strowd

Fatal Fury: City of the Wolves Trailer Lifts the Curtain on Rick Strowd

An undefeated, prideful champion with some serious skills is making his way to South Town when Season 3 kicks ...

Hell Let Loose: Vietnam Cross-Platform Playtest Announced for July 24th to 27th

Hell Let Loose: Vietnam Cross-Platform Playtest Announced for July 24th to 27th

Featuring Đắk Tô Airfield, the playtest will allow fans to go hands-on with the massive PvP shooter ahead ...

Call of Duty Film is Set in The Modern Warfare Universe, Director Confirms

Call of Duty Film is Set in The Modern Warfare Universe, Director Confirms

Directed by Peter Berg with a screenplay by Taylor Sheridan, the live-action film will premiere in cinemas on ...

Call of Duty: Modern Warfare 4 Beta Early Access Starts on August 21st for Pre-Orders

Call of Duty: Modern Warfare 4 Beta Early Access Starts on August 21st for Pre-Orders

The beta will also be available worldwide for all platforms, including Nintendo Switch 2, from August 28th to ...