More Tariff Litigation: Consumer Class Actions Seeking Tariff Refund Pass-Throughs

In response to the U.S. government’s imposition of “emergency” tariffs on many foreign countries in April 2025, more than 2,000 companies filed claims in the U.S. Court of International Trade (“CIT”), seeking refunds in the event the U.S. Supreme invalidated those tariffs, which it did on February 20, 2026 (see Lewis Brisbois Client Alert). In early March 2026, the CIT established a process for companies to obtain refunds, with interest (see Lewis Brisbois Client Alert). But a new wave of other litigation has already begun, filed by putative class action consumer plaintiffs around the country, who want reimbursement for any tariff pass-throughs they paid, either overtly or without notice, for products they purchased while the tariffs were in force. With the tariff total estimated at $166 billion, there is enough at stake to make the litigation worthwhile.

So far, at least seven lawsuits have been filed in federal courts in Delaware, Florida, Georgia, Illinois, New York, South Carolina, and Tennessee. They allege various forms of unjust enrichment/quasi contract breach, consumer fraud, and deceptive practices, and seek damages or restitution, interest, and attorneys fees. The evidence relied upon ranges from surcharges that were explicitly identified as tariff-related to statements made by companies in court filings (including for tariff refunds), investor communications, press releases, and on websites, as well as price tracking statistics.

This litigation can only be expected to grow, and companies that passed on tariffs to customers either openly or otherwise should begin preparing for possible legal action as soon as possible.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.