Nintendo has asked a US court to dismiss a proposed class action lawsuit claiming the gaming giant should pass tariff refunds on to customers who bought products at increased prices.

The lawsuit was filed in April by two Nintendo customers who alleged the company could effectively be paid twice if it retained both revenue from higher-priced hardware and refunds for tariffs later ruled unlawful.

The proposed class covers US consumers who bought selected Nintendo products between February 1, 2025, and February 24, 2026.

Nintendo argued customers were not entitled to retrospective rebates because they willingly purchased products at advertised prices.

“If a consumer did not want to pay the advertised price, they were free to abstain from purchasing the product or seek out competing products,” Nintendo’s lawyers said.

The company said customers “received exactly what they bargained and paid for” and that later legal developments surrounding tariffs did not change completed commercial transactions.

Nintendo also rejected claims that its price increases simply transferred the entire cost of tariffs to customers.

Its lawyers said the company made “modest and selective price adjustments” while absorbing tariff costs on some major products, including the Nintendo Switch 2.

Nintendo delayed US pre-orders for the Switch 2 last year while assessing tariffs but retained the console’s original US$449.99 price. Prices were instead increased on several accessories and older Switch models.

The dispute follows a US Supreme Court ruling in February that tariffs imposed using the International Emergency Economic Powers Act were unlawful.

Nintendo subsequently sued the US Government in the Court of International Trade, seeking a refund with interest for tariffs it had paid.

The consumer lawsuit applies to US purchases and does not currently involve Australian Nintendo customers.