If we've learned anything over the years, it's that you don't mess with Nintendo's lawyers. Known to send its legal eagles swooping down at the slightest sniff of copyright infringement, things are still bubbling over with a messy lawsuit that called out Palworld for being a not-so-subtle homage to the Pokemon games. Things even went as far as Nintendo and The Pokemon Company trying to trademark the core mechanics of throwing spheres to catch monsters.
Elsewhere, Nintendo has come down hard on gamers selling modded Switch consoles, Redditors funneling gamers to piracy threads, and even YouTubers sharing footage of retro games. We don't imagine the gaming giant would've needed much persuading to sue the Department of Homeland Security when it used its catalog to promote ICE deportations or the White House for the war in Iran.
Nintendo has garnered a reputation as one of the most litigious companies around, recently making headlines when it tried to sue the U.S. government.
Why are customers trying to sue Nintendo?
At the crux of Nintendo's argument, President Donald Trump's trade tariffs caught it off guard and led to Switch 2's pre-orders being delayed in the USA. Complaining about Trump's use of the International Emergency Economic Powers Act of 1977 (IEEPA) to levy his boosted tariffs, the idea is that the knock-on effect of the Switch 2 delay hit Nintendo hard in the pocket. Costco, Toyota, and FedEx were among those who called Trump's 'illegal' tariffs to task alongside Nintendo, but now, the latter could be bitten in the backside by a pretty ravenous Chain Chomp.
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As noted by Aftermath, two disgruntled gamers want some of Nintendo's coins. Plaintiffs Gregory Hoffert and Prashant Sharan filed a class action suit in the United States District Court's Western District of Washington on April 21, 2026.
With Nintendo set to benefit from U.S. Customs and Border Protection's new tariff refund portal, Hoffert and Sharan say some of that money should be passed back to its loyal customers.
Whereas FedEx and UPS have vowed to pass refunds back to customers, Nintendo has been particularly quiet on the matter. Costco is among the other companies being sued for the same reason. The Nintendo complaint states: "In practical terms, Nintendo stands to receive a windfall: it has already recouped tariff costs from consumers through higher prices, and it now stands in line to recover the same unlawful tariff payments from the federal government."
How much could Nintendo customers get if they sue the company?
The main issue is that Nintendo was accused of bumping prices up due to tariffs, while not actually facing much hardship. Back in April 2025, Nintendo confirmed that while the price of hardware wasn't necessarily going up, Switch accessories were going to cost more "due to changes in market conditions." The plaintiffs' lawyers continued: "Nintendo now seeks to recover from the government duties whose economic burden was borne, in whole or in part, by Plaintiffs and Class members."
It comes after Nintendo president Shuntaro Furukawa reported "strong, and in some periods improving, financials" during the period of tariff troubles, as well as a May forecast adding that its sales forecast hasn't been impacted.
There appear to be mixed messages, as elsewhere, Furukawa said that Trump's tariffs had a "negative impact of several tens of billions of yen at the profit level."
If successful, gamers could theoretically ask for a refund on the price that Nintendo increased accessories, which typically ranged from $1 to $10 per item.
Nintendo is seeking a $1.1 billion refund from the government, while the lawsuit alleges that Nintendo is guilty of 'unjust enrichment.' It argues that Nintendo is effectively being paid twice for the same cost through customers paying more and then through a potential government refund.
It's true that Nintendo has a history of forking over compensation to its customers, notably a 1991 FTC investigation into price-fixing on the NES, 2000's Mario Party case involving a $25 million payout and palm blisters, and free Joy-Con repairs over that infamous drift debacle.