Nintendo Moves to Dismiss Class-Action Lawsuit Seeking Tariff Refunds and to Compel Arbitration

Nintendo filed a motion July 20 to dismiss a class-action lawsuit that demands the company pass tariff refunds to customers. The suit, filed in April in U.S. District Court for the Western District of Washington, seeks to represent all U.S.

Residents who purchased Nintendo products between February 2025 and February 2026. Plaintiffs Gregory Hoffert of California and Prashant Sharan of Washington allege unjust enrichment and violations of the Washington Consumer Protection Act. They claim Nintendo raised prices on the original Switch console by $30 to $50 and added $5 to $10 to various Switch 2 accessories, then retained profits after the Supreme Court ruled the underlying tariffs illegal.

Nintendo stated in its motion that plaintiffs have no legal entitlement to any tariff refunds the company may receive. It added that the doctrine of unjust enrichment does not apply when a party voluntarily pays a purchase price and receives a product in return.

Nintendo also filed a motion to compel arbitration for Hoffert, citing evidence that he accepted contractual agreements with the company at least twice.

It reserved the right to seek arbitration for Sharan if discovery shows his claims are covered. A similar lawsuit was filed against Sony in May in the Northern District of California. Another suit targeting Microsoft over Xbox purchases was filed July 17.

Plaintiffs’ firms have filed more than 100 consumer class actions nationwide since the Supreme Court’s February ruling invalidated the tariffs, according to Foley & Lardner lawyers. Those cases span more than 30 federal districts in over 20 states. Nintendo is among the companies that sued the Trump administration to secure the refunds.