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.

  • LoafedBurrito@lemmy.world
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    6 days ago

    We won’t see a cent of the money stolen from us by Donald Trump and his gang of pedophiles.

    My company lost hundreds of thousands of dollars in tarrifs. We passed those on to the customer since we couldn’t take a 50% hike on costs.

    We have no way to refund money we don’t have.

    • agingelderly@lemmy.world
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      6 days ago

      How did your company lose hundreds of thousands if they passed them onto the customer? If you made the customer pay, your company has the money and can pass on the money you get from the government to your consumers

      • benjirenji@slrpnk.net
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        6 days ago

        You don’t sell the same amount of product when you have to increase the price. You may need to shrink your business to not get the remaining margin getting eaten up by operational costs.

        • LoafedBurrito@lemmy.world
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          6 days ago

          Oh yeah, our sales have tanked this year due to the tarrifs. Customers keep asking us to find ways to avoid tariffs, but the parts are MADE IN GERMANY

      • LoafedBurrito@lemmy.world
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        6 days ago

        We’ve sold maybe a 10th of what we sold pre-tariffs. W have probably lost closer to million in sales due to the tariffs. Customer’s aren’t buying parts for preventative maintenance, they only purchase when it’s an emergency and they are losing tens of thousands of dollars an hour in production. US manufacturing is in trouble.

        • agingelderly@lemmy.world
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          5 days ago

          So the years you have good sales did you ever pass the extra earnings on to the customer?

          Edit: ****crickets ****

        • Yggnar@lemmy.world
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          6 days ago

          Okay? Not sure why your sales numbers make any difference. Of what your company did sell, you raised the price to cover the tariffs. You did not pay them, your customers did, so if a refund for those tariffs falls into your hands, you should pass it on to the customers that paid them. Having a shitty year sales wise doesn’t magically make that refund yours.

          • ChapulinColorado@lemmy.world
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            6 days ago

            The whole point is that the economies of scale don’t work to pay your staff and fixed costs at lower numbers. The damage is nonreversible, like economy studies show when you have uncertainty on the market.

      • JackbyDev@programming.dev
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        6 days ago

        Depends on what they’re selling. If it’s not a necessity and more of a luxury then people will buy a lot less when prices rise a lot. They’re losing it because people are buying less of their products, not because the company is paying the tariff.

    • FlexibleToast@lemmy.world
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      6 days ago

      Honestly, everyone needs to just cut the loss and move on. At least on the monetary front. Trump should see repercussions for enacting an illegal tax.

      • KingGimpicus@sh.itjust.works
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        6 days ago

        You want to move on, like a coward or progressive. I want a war queen that bears grudges for generations.

        We are not the same.

        • FlexibleToast@lemmy.world
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          6 days ago

          I said specifically monetarily. There is no winning that fight. Either way we pay and end up giving even more money to capitalist class.

          • KingGimpicus@sh.itjust.works
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            6 days ago

            Wrong. Have you seen the warehouse fires? We have been “moving on” from every injustice we’ve experienced for our entire lives. Its past time to put your civility to bed and become the gremlins the government fears.

            Get mad. Break shit. Burn down the fucking bourgeois bullshit. Throw a dildo at a cop. Piss on your local politician.

            Whatever you do, DO NOT BE COMPLICIT.

            • FlexibleToast@lemmy.world
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              6 days ago

              That’s exactly why I said monetary in the context of these tariffs. You’re not reading what I’ve actually written, your putting a lot of added meaning that isn’t there. String up the traitors, but suing the government or company for tariff money is not going to work.

              • KingGimpicus@sh.itjust.works
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                6 days ago

                Not with that attitude.

                Do you know how much money is lost by workers every year on “use it or lose it” vacation systems? Its hundreds of millions if not billions of dollars. And do you know what you can do to get that money back? Launch a fucking lawsuit.

                Do not give up. Do not become complicit in your apathy. Fight in ALL venues, be that taxes, courts, or in the streets.

                • FlexibleToast@lemmy.world
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                  6 days ago

                  None of that has to do with tariffs. You’re still not reading what I wrote. Work on reading comprehension and then come back.

  • MithranArkanere@lemmy.world
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    7 days ago

    We should do a blanket class action lawsuit against all corporations throughout history, demanding all the wages they owe, refunds for the prices they gouged, and the artificially created inflation.

    Or they could settle by paying for worldwide universal healthcare and UBI.

    • FlyingCircus@lemmy.world
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      7 days ago

      Fuck settling. Every time we’ve settled with the capitalists they just claw everything back 10 years later. We need to permanently make them extinct.

      • MithranArkanere@lemmy.world
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        6 days ago

        You gotta bide your time. Can’t build your forces when you are busy scraping for food. Make them think you are satisfied with the minimum, and prepare in the meantime. UBI doesn’t mean people don’t work; it means they can work for what they want to work for.

      • Muffi@programming.dev
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        6 days ago

        But all the means of production are in China or Taiwan… America really screwed itself in every single way possible.

    • partofthevoice@lemmy.zip
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      7 days ago

      While we’re at it, shut down construction of data centers to an approved list. List should prioritize centers that maintain % renewable, low infra noise, and contributions back to the local power grid. Also, AI-based tax for the power grid. Lastly, tax any sales on “agentic” software to help service the humans it displaced.

  • MehBlah@lemmy.world
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    7 days ago

    Heh. Yeah right. They passed that tariff cost on to you but no way will they pass the refund on.

      • MehBlah@lemmy.world
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        7 days ago

        Good luck with that. It may take ten years and result in a huge settlement which each individual consumer will get less than a dollar back. The lawyers will certainly make the most.

        • AndrewZabar@lemmy.world
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          7 days ago

          They won’t get less than a dollar; they’ll get a coupon toward additional purchase from the sued company.

          Class action is only about punishing the company and not minding that lawyers will pocket all the proceeds.

          • Tiral@lemmy.world
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            7 days ago

            The way Nintendo prices things a $5 off coupon is gold. I bought my kid a Legion Go instead of a switch. He can actually pay Forza on it vs Mario kart.

  • Blackmist@feddit.uk
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    6 days ago

    So remind me how much the Switch 2 retailed for while the tariffs were in place and how much it retails for now?

  • Pacattack57@lemmy.world
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    7 days ago

    I wonder why they chose Nintendo. To base this class action off of. They could have chosen any company to go after, like Walmart or Apple.

    • Psythik@lemmy.world
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      6 days ago

      Because Walmart doesn’t sue their customers for buying and improving upon their products.

      Nintendo bites the hand that feeds. Treats their biggest fans like piles of subhuman garbage. Short of Nestlé, very few companies deserve a taste of their own medicine more than Nintendo. Fuck them.

      Edit: And they’ve been this way for as along as I can remember. Back in the early 90s, Nintendo tried to sue to stop Game Genie from becoming a thing. Sega, on the other hand, made it an officially licensed product! Nintendo has never had any chill. I wish they were the ones that lost the console war instead of Sega. They don’t deserve to be as popular and beloved as they are.

      • Jarix@lemmy.world
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        6 days ago

        …and Sega isn’t a console anymore because of bad decisions.

        I don’t think this is a good argument for your point

        • Soggy@lemmy.world
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          6 days ago

          Bad decisions about the cost and timing of console releases and failure to support older systems. Nothing to do with IP management or legal decisions.

  • melsaskca@lemmy.ca
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    7 days ago

    Customers should get the refunds as this is business already transacted. Nintendo should get a “loss of potential sales” award due to it being priced out for many consumers, due to the tariffs. How that number would be determined is best left to people smarter than me.

    • iglou@programming.dev
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      7 days ago

      I’m curious to see how this will go.

      My guess is: When the products were sold, the price was simply higher and the tariffs not mentioned on the invoices. Customer did not pay taxes themselves, they agreed to pay a high price. Of course everyone knew why, but I doubt a capitalistic country like the US will rule in favor of the customers here, unfortunately.

  • chilicheeselies@lemmy.world
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    7 days ago

    Its even messier. Nintendo is a customer of the companies that produce the discrete parts, and paid tarriffs on them. Then they sell to a retailed at wholesale who sells to the consumer. The retailer may or may not also have paid a tarrif on the finished product. So what waa the final retail proce composed of? How much of it was Nintendo’s? How much of it was… Say… Walmart? Who is on the hook for it for the consumer?

    What a fucking mess.

  • SkunkWorkz@lemmy.world
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    7 days ago

    How exactly was Nintendo unjustly enriching themselves. Sure it’s morally wrong. But legally? Nintendo is free to raise their prices, tariffs or no tariffs, it’s not price gouging since Nintendo products aren’t essential goods. And people are free to buy their products or not buy. That the government wants to give them a bag of money is a different matter from the price hike, if they want to sue someone sue the government.

    • bitjunkie@lemmy.world
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      7 days ago

      That the government wants to give them a bag of money is a different matter from the price hike

      It is not. They raised the prices precisely when the tariffs went into effect. There is no other plausible explanation as to the reason for the hike. You are licking corporate boot.

      • SkunkWorkz@lemmy.world
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        7 days ago

        Im not licking boot I did say it was morally not right. The suit just doesn’t have any legal ground to stand on especially not with the current admin.

        • bitjunkie@lemmy.world
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          6 days ago

          And sometimes warehouses just catch on fire. I don’t make the rules, that’s just how it works 🤷‍♂️

    • Noxy@pawb.social
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      6 days ago

      How exactly was Nintendo unjustly enriching themselves. Sure it’s morally wrong

      Asked and answered

  • Asafum@lemmy.world
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    7 days ago

    Nintendo: you know what? Fuck you. Our prices just went up for you. Games are $120 now. Fuck you, you’ll still buy our pokemon slop we spent 0 effort making. Mario? Yep, $120, but now when he jumps he says “fucka youuuu!” You’ll still buy it, because Mario.

      • Ibuthyr@lemmy.wtf
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        6 days ago

        Gaming is better than ever, what are you talking about? So many good Indie games. If you have a mid range desktop pc from the past decade, there’s a whole world of games to play. You’ll never be able to play them all! Just forget about the AAA games. Fuck those.

    • YiddishMcSquidish@lemmy.today
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      7 days ago

      I’ve been ootl on Pokemon since y/x, and even was barely paying attention before someone else bought it for me. But the shit I saw when sword shield(? First switch title) was wild. They really were just phoning it in, and people still bought everything else they dropped! The only reason I got a switch was for prime 4, and likely won’t be getting a switch 2. Sucks watching my nostalgia be abused in real time.

      • k0e3@lemmy.ca
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        6 days ago

        I think emulators and ROM hacks are where it’s at. Screw new games.

        • MML@sh.itjust.works
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          6 days ago

          FR lack of backwards compatibility is what kept me from getting one for the longest time, got one, I played Metroid Dread, despite only being available for that console that is not the system it plays best on. Now I have a cheap SBC, It’s sad when a $30 handheld can smoke a name brand

        • Cherry@piefed.social
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          7 days ago

          I love how nintendo are switching our youths back towards old school tactics. Emulators and piracy are having their renaissance.

        • HuudaHarkiten@piefed.social
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          7 days ago

          I got tired of the new games being shit and/or not done when. I think last game I bought new was No Man’s Sky (yes I know, its decent now, I still play it sometimes), after that disappointment I just gave up. I haven’t been paying attention on whats coming, whats the newest big game… I just play emulators. I play the games that I wanted to play when I was a kid, but couldn’t. My gaming journey started with Amiga 500, then I got a NES, after that a Game Gear, then a Play Station 1. So I’ve been gaming a lot of SNES stuff lately, I downloaded a bunch of Atari titles. Sega games are next on the list.

          Theres so much to play, I will die before I run out of stuff. I think I’ll never buy a new game ever again.

        • YiddishMcSquidish@lemmy.today
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          7 days ago

          And I do sometimes, some community made ones and randomizers on occasion. It would just be nice to have something to look forward to when the used market becomes more affordable.

    • frightful5680@lemmy.world
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      7 days ago

      You reminded me of a b rated movie about some old coots in NY. There’s a kid who says that to anything anyone says to him.

          • grue@lemmy.world
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            7 days ago

            I was really just trying to be funny by mentioning the film Nintendo would like everyone to forget, which also happened to vaguely meet your description, but thank you for telling me the correct one.

    • jonesey71@lemmus.org
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      7 days ago

      They can say that in the future but as far as this suit goes, didn’t they already say, “Don’t blame us, the prices are going up because of tariffs”?

      • Asafum@lemmy.world
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        7 days ago

        True, I was just making a joke about Nintendos response to the people in the article suing for a refund of the tarrif price increase.

  • Avicenna@programming.dev
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    7 days ago

    Like everything else Trump does this too was a grift by him to funnel money to the rich. He should be a part of this law suit.

    • 7101334@lemmy.world
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      7 days ago

      He’s criminally protected from any official acts while in office, remember?

      (A Supreme Court decision made during Biden’s term, it should be noted - he was also criminally protected from any consequences of his official acts as president, and they specifically gave the example of a president using Seal Team Six to assassinate their political rivals. Biden didn’t even try using that power against Trump in any way. Assassination was probably off the table lmao but he could’ve done extrajudicial surveillance or such. He didn’t, because they’re all owned by the same oligarchs and Zionazis.)

      And a civil lawsuit would be paid by… the taxpayers.

      You don’t get to win when the other side makes the rules. You have to stop playing the game, or get as close as you can.

  • hperrin@lemmy.ca
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    7 days ago

    And the players should win this case. It’s pretty obviously true that Nintendo would be recovering tariff money twice.

  • BygoneNeutrino@lemmy.world
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    7 days ago

    I think it’s presumptuous to assume that the increase in prices that just happened to be identical to the tarrifs had anything to do with the tarrifs.