FedEx Corp., United Parcel Service and EssilorLuxottica — maker of Ray-Ban and Oakley sunglasses — are facing proposed class action lawsuits seeking recovery of import duties and fees tied to the Trump administration’s emergency tariffs that were invalidated by the U.S. Supreme Court last week.
On Friday, law firm Morgan & Morgan filed suit against FedEx Logistics in the U.S. District Court for Southern Florida seeking a full refund of duties paid by a consumer in Miami and aiming to represent millions of others. The plaintiff, Matthew Reiser, paid $36 in duties and fees on a pair of tennis shoes purchased from Tennis Warehouse Europe, a German company, on Jan. 27.
Attorneys argued FedEx is the only entity with legal standing to seek refunds directly from the government, leaving consumers with no choice but to pursue legal action to compel FedEx to refund the tariffs — as well as ancillary processing fees.
A similar class action was filed in New York against EssilorLuxottica. The lawsuit says the company has sued the U.S. government for a refund and should return any reimbursements to customers it charged. It also noted tariff surcharges increased the plaintiff’s purchase price by about 6% compared with spring 2025 pricing.
Separately, freight forwarder and customs broker Hali Anastopoulo in South Carolina filed multiple lawsuits against FedEx and UPS in federal courts in South Carolina, Georgia and Tennessee seeking repayment of duties, interest and related costs paid on parcel imports. The complaints request nationwide class-action status for all people who paid UPS for tariffs declared under the International Emergency Economic Powers Act (IEEPA).
The Supreme Court ruled IEEPA does not authorize the President to impose broad-based tariffs. Trump had argued fentanyl imports and the U.S. trade deficit constituted national emergencies requiring executive action. Customs brokers such as FedEx and UPS passed the duty costs to customers, along with brokerage and clearance fees.
The Court did not specify what should happen to more than $130 billion in duties (plus interest) already collected. Trade professionals say it remains unclear whether the government will agree to return money, and it may take time for the Court of International Trade and U.S. Customs and Border Protection to define a refund process and eligibility.
On Monday, FedEx sued the U.S. government seeking a full refund of duties paid under the IEEPA order. FedEx has publicly said it plans to return any refunds it receives to customers and consumers who bore the charges, but the Morgan & Morgan lawsuit notes the company did not make a legally binding promise in its complaint, nor did it mention plans to refund the extra processing fees it charged.
