Two gamers have filed a class action lawsuit against Nintendo, alleging that the company will be unjustly enriching itself with any refund it secures from the U.S. government over widespread tariffs last year that, among other things, hiked the prices of Nintendo hardware and accessories.
“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 states.
Do they?
Let’s use Nintendo as the example.
First and foremost, how much did they change the price of the switch 2 based upon tariffs? More specifically, how much can you prove they did? Should a company that chose to eat the costs of the tariffs themselves be penalized and forced to lose even more money over NOT raising the price every time fuckface did? What about the specific case of the Switch 2 where they intentionally waited a week or three to announce the price after revealing it to factor in expected tariffs?
Also, what about the units they had stockpiled ahead of Liberation Day? Do they now owe “the customers” money based on the date of sale rather than the date of import? Or does Baby Jane Doe get less because her gameboy’s serial number corresponds to a unit imported in March rather than May?
All of which ignore that Nintendo weren’t doing direct to consumer sales in the vast majority of cases. They went through intermediaries like Best buy and Amazon. Many of whom ALSO were playing the same math regarding stockpiled units and ordering more supply from Nintendo.