Microsoft and Sony claim that have no legal obligation to pass on refunds related to import tariffs charged in the United States to consumers. Both companies have made similar arguments in lawsuits challenging console price increases attributed to the cost of these fees.
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Tariffs on technology imposed by Donald Trump’s government were ruled unconstitutional in February. Since then, different companies have begun seeking to recoup the amounts paid, while consumers have begun to question whether some of that money should go back to those who purchased products at the adjusted prices.
The discussion grew stronger as consoles were already facing increases. In July, a consumer filed a class-action lawsuit against Microsoft, accusing the company of passing on the costs of Xbox pricing to buyers. Sony has been facing a similar lawsuit since May.
Microsoft and Sony want to cancel the lawsuits
In August, Microsoft filed a motion to dismiss the lawsuit. In short, the defense argues that the consumer purchased an Xbox at the advertised price and received exactly the product they paid for, regardless of the manufacturer’s cost structure.
Sony has followed a similar line. Their lawyers argued that voluntarily paying the market price for a product does not in itself constitute legally recognizable harm.
The PlayStation case attracts attention because of the values involved. Sony had estimated approximately $508 million in possible expense reimbursementsand the company’s financial director later indicated that the majority of this sum would be recovered by the gaming division.
However, this does not mean that buyers will receive any part of the money. At least for now, the position defended in court by the company is that there is no obligation to recalculate purchases already made.
Nintendo also faces a lawsuit
Nintendo is in a similar situation. The company also sought reimbursement for costs and faces legal action in the United States.
In July, their lawyers requested that the process be closed, arguing that accepting the consumers’ thesis would create an obligation for companies to retroactively recalculate prices whenever any of the premises used to define them subsequently changed.
However, not all hardware manufacturers have taken this position. Arctic announced a temporary price reduction after receiving its refund and said it intended to maintain the measure until it returned the equivalent of the recovered amount to consumers.
Panic, maker of the Playdate laptop, went further and decided directly reimburse buyers who had paid additional amounts related to fees.
Lawsuits against Microsoft, Sony and Nintendo are still trying to establish whether consumers have rights to these values. For now, the three giants maintain that the prices charged at the time of the purchases were valid and that the subsequent recovery of fees does not create an automatic obligation to return the money to players.
Rachele Victoria
Rachele Victoria has a degree in Letters, an MBA in Innovation and has worked in the field of communication and gamer content for 10 years.
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