Nintendo says users voluntarily paid higher prices, have no right to tariff refunds

Nintendo is urging a court to dismiss a lawsuit that demands the company pass tariff refunds on to consumers, asserting that buyers have no legal entitlement to these funds. The lawsuit, filed by customers who bought Nintendo products between February 2025 and February 2026, alleges unjust enrichment and violation of consumer protection laws due to price increases related to tariffs and Nintendo’s subsequent pursuit of refunds. Nintendo argues that customers received what they paid for and that retaining tariff refunds is not unjust, as the doctrine of unjust enrichment does not apply when a purchase price is voluntarily paid for a product.

• Nintendo argues customers have no legal right to tariff refunds it expects to receive from the government.
• The company claims customers voluntarily paid higher prices for products due to tariffs and received what they paid for.
• A class-action lawsuit alleges Nintendo engaged in unfair acts by raising prices, failing to disclose refund intentions, and retaining refunds.
• Similar lawsuits have been filed against Sony and Microsoft concerning PlayStation and Xbox consoles, respectively.
• The legal theory behind these lawsuits is that companies cannot pass tariff costs to consumers and then retain government refunds for the same tariffs.
• Companies may use defenses such as the existence of a contract, mandatory arbitration clauses, and the argument that charges were legal at the time of imposition.
  Continue reading https://arstechnica.com/tech-policy/2026/07/nintendo-customers-have-no-legal-right-to-tariff-refunds-company-tells-judge/