Five Below, Sony, Nintendo face suits

Consumers have started suing companies including Five Below, Sony and Nintendo over who should keep billions of dollars in refunds tied to Trump-era tariffs that were later struck down by the Supreme Court. The cases turn on a simple claim: shoppers say companies raised prices to cover the tariffs, then stood to recover the same money from the government after the duties were invalidated. A court filing this week said the administration had completed about $100 billion in refunds by July 31 and sent the money to the Treasury Department for disbursement. That figure has sharpened attention on whether any of the money will ever reach households. ### Why are consumers suing at all? The Supreme Court ruled on Feb. 20 that the International Emergency Economic Powers Act did not authorize the broad tariffs at issue, opening the way for importers to seek their money back. About two weeks later, federal Judge Richard Eaton ordered that tariffs collected under that authority be refunded to importers, according to CNBC’s account of the court process. (nbcnews.com) Consumers’ theory is different from the importers’ refund claims. The shoppers say they already paid those tariff costs through higher retail prices, so a later government refund to the importer creates what some complaints describe as a second recovery unless the money is passed through. Fortune, in a report carried by Yahoo Finance, said plaintiffs have framed the issue as companies keeping money that “rightfully belongs” to customers who paid inflated prices. (nbcnews.com) ### What does the $100 billion figure actually represent? A Tuesday filing in the U.S. Court of International Trade said “refunds (duties plus interest) of approximately $100 billion” had been completed and sent to the Treasury Department for disbursement as of the end of July. NBC News, citing Reuters, said the amount represented more than half of the $166 billion collected under the tariffs that the Supreme Court struck down. CNBC put the share at about 60% and said nearly $129 billion in potential and certified refunds had been accepted for processing through the government’s CAPE system. (finance.yahoo.com) U.S. Customs and Border Protection implemented the CAPE refund system in late April, CNBC reported. Brandon Lord, a CBP official, said in the filing that the system had received 252,496 refund declarations covering more than 25 million import entries by July 31. ### What are the cases against Five Below, Sony and Nintendo saying? Tyasia Johns sued Five Below in the Eastern District of Pennsylvania on July 16, alleging the retailer passed tariff costs on through higher prices and failed to return any refund money to customers. (nbcnews.com) Fortune’s report said the complaint sought injunctive relief and damages, and PacerMonitor lists the case as Johns v. Five Below, Inc., No. 2:26-cv-04954. (cnbc.com) Sony customers sued the PlayStation maker in May in the Northern District of California, alleging the company would receive a “double recovery windfall” if it kept refunds after raising console prices. Justia’s docket lists the case as In re Sony Interactive Entertainment Tariff Litigation, filed May 6, 2026. Two consumers sued Nintendo of America in April in federal court in Washington state, alleging the company raised prices on some products and accessories during the tariff period and then sought refunds for the same costs. (finance.yahoo.com) The complaint cited price increases including the Pro Controller moving from $79.99 to $84.99 and the Dock Set from $109.99 to $119.99. ### How are the companies responding? Nintendo moved in July to dismiss the case against it. Forbes reported that Nintendo argued consumers were “not entitled” to a rebate and said the money they paid represented the agreed purchase price for goods they received. Five Below did not immediately respond to Fortune’s request for comment, according to that report. (finance.yahoo.com) The search results reviewed here did not surface a direct public response from Sony to the lawsuit allegations. ### What happens next in these cases? The federal refund program is still processing claims. CNBC said nearly $129 billion in potential and certified refunds had entered the system by July 31, leaving additional disbursements still to come. (forbes.com) The consumer suits now move into ordinary civil-litigation stages: responses to complaints, motions to dismiss, and fights over whether the cases can proceed as class actions. (finance.yahoo.com) The named cases are pending in federal courts in Pennsylvania, California and Washington, and PACER says those dockets can be tracked through the federal court records system. (pacermonitor.com) (cnbc.com)