Did you buy a Nintendo Switch, a controller, or an Amiibo figure as a holiday gift last year — and hand it over still in the box? If so, you may be entitled to compensation, and you could be in a stronger position than someone who set the console up themselves.
Emery | Reddy, PC is investigating potential claims on behalf of Nintendo customers nationwide who paid increased prices, tied to tariffs, on Nintendo consoles, controllers, and accessories between August 2025 and February 2026.
Between August 2025 and February 2026, Nintendo raised prices across a range of consoles, controllers, and accessories, in what the company has described as tariff-related cost adjustments. Unlike some retailers that added a separate, itemized “tariff surcharge” line to receipts, Nintendo’s increases appear to have been built directly into list prices — meaning affected customers likely won’t see a distinct surcharge charge on their receipt, just a higher price than the item carried before.
Based on pricing information gathered during this investigation, the following products saw price increases during the affected period:
You may have a claim even if you only purchased one qualifying item.
On February 20, 2026, the U.S. Supreme Court ruled 6-3 that the International Emergency Economic Powers Act (IEEPA) did not authorize the tariffs imposed beginning in 2025. Those tariffs officially terminated on February 24, 2026.
A lawsuit filed in April 2026, Hoffert and Sharan v. Nintendo, alleges that Nintendo raised prices on its consoles and controllers because of the tariffs — and is now resisting refunds even though the Supreme Court struck those tariffs down. Emery | Reddy is not counsel in that case; we are conducting our own, separate investigation on behalf of Nintendo customers nationwide, including purchasers who gave qualifying products as gifts.
In response to the lawsuit, Nintendo has argued that customers “got exactly what they bargained and paid for” and are “not entitled to a rebate simply because of intervening legal developments related to tariffs.” Nintendo has also stated that it did not impose “an across-the-board tariff surcharge,” but rather “modest and selective price adjustments,” and that it absorbed costs on some products rather than passing them on. Emery | Reddy is investigating whether affected customers are nonetheless entitled to compensation.
Nintendo Switch and Switch 2 consoles come with a User Agreement that includes a binding arbitration clause and a class-action waiver. That agreement isn’t triggered when you buy the console — it’s triggered when someone digitally accepts it during the console’s first setup and activation, which must be done by someone 18 or older.
If you bought a Nintendo product and gave it, still sealed or unactivated, as a gift, you never personally accepted that arbitration clause — the person who unboxed and set up the console did. That distinction may matter a great deal for what legal options are available to you as the purchaser.
We’re prioritizing outreach to consumers nationwide who:
Purchasers who did activate and set up their own console may still qualify for compensation related to the price increase itself — see the FAQ below for how the arbitration clause could affect that claim.
Consumers may have legal rights when a company raises prices citing tariff costs that are later found to be based on unlawful authority, especially where the increase wasn’t clearly disclosed as tariff-related at the time of purchase.
Who qualifies for this investigation?
Nationwide consumers who purchased a qualifying Nintendo console, controller, or accessory between August 2025 and February 2026 at one of the increased prices listed above — whether they kept it, gave it as a gift, or never activated it.
Has a lawsuit been filed against Nintendo over this?
Yes — Hoffert and Sharan v. Nintendo was filed in April 2026 over Nintendo’s tariff-related price increases. Emery | Reddy is not involved in that case; we are separately investigating potential claims on behalf of Nintendo customers, including gift purchasers, and gathering information from affected consumers.
I set up my own Nintendo Switch. Do I still qualify?
You may still have a claim related to the price increase itself. However, if you personally accepted Nintendo’s User Agreement during setup, you likely agreed to resolve disputes through individual arbitration rather than a class action, unless you opted out within 30 days of accepting it by sending written notice to Nintendo. Contact us to discuss your specific situation.
What if I bought it but gave it away without ever turning it on?
If the console was never activated by you, you never personally accepted the arbitration clause in Nintendo’s User Agreement. That may put you in a stronger position, since the person who eventually set it up — not you, the purchaser — would be the one bound by that agreement, if anyone.
How is this different from other tariff surcharge investigations?
Some retailers charged a separate, itemized tariff surcharge on receipts. Nintendo’s increases appear to have been built into the list price of the product itself rather than shown as a separate line item, so there generally isn’t a distinct “surcharge” charge to look for on a Nintendo receipt — just a higher price than the item carried before August 2025.
Do I have a legal claim?
If you purchased or gave as a gift a qualifying Nintendo product between August 2025 and February 2026, contact Emery | Reddy at 206.207.8929 or www.emeryreddy.com for a Free Case Review. No Fee Unless We Recover.
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