Costco is facing a proposed nationwide class action lawsuit seeking refunds for customers over higher prices charged by the company due to the Trump administration’s tariffs that were subsequently ruled unconstitutional by the Supreme Court.
The lawsuit was filed by a Costco shopper in federal court in Illinois on Wednesday and seeks a declaration that the company must return to customers any refunds it receives for tariffs Costco paid under the International Emergency Economic Powers Act (IEEPA).
The suit follows the Supreme Court’s ruling on Feb. 20 which held that President Donald Trump overstepped his authority in imposing tariffs under IEEPA, as the law doesn’t grant tariff authority to the president.
Costco is among the more than 2,000 companies that have filed suits in the U.S. Court of International Trade seeking to recover tariffs they paid for imported goods. If the company receives those funds back through a refund, the lawsuit seeks to ensure those refunds are provided to customers who faced higher prices because of tariffs.
FOX Business reached out to Costco for comment.
FEDEX SAYS IT WILL RETURN ANY TARIFF REFUNDS TO CUSTOMERS, SHIPPERS WHO PAID THEM
“This lawsuit seeks to prevent Costco, the third-largest retailer in the world, from double recovery,” the lawsuit said. “Costco has made no commitment to return any portion of anticipated tariff refunds to the consumers who bore those costs.”
The suit added that the company has only promised “a possible future benefit to an indeterminate group of future shoppers.”
Costco CEO Ron Vachris told analysts last week that it was still unclear if or when businesses will get refunds for the IEEPA tariffs they previously paid.
Vachris indicated that if Costco does receive the funds, the company plans to channel them into lower prices and improved value for shoppers.
FEDEX SUES TRUMP ADMINISTRATION FOR FULL TARIFF REFUNDS AFTER SUPREME COURT RULING ON IEEPA
FedEx, which has also filed suit in the Court of International Trade to recover tariff refunds, is facing a similar class action lawsuit that was filed in late February by shippers who paid higher prices due to the tariffs.
Before the class action lawsuit was filed, the company said in a statement that, “If refunds are issued to FedEx, we will issue refunds to the shippers and consumers who originally bore those charges. When that will happen and the exact process for requesting and issuing refunds will depend in part on future guidance from the government and the court.”
The class action lawsuit claims that FedEx’s promise wasn’t legally enforceable and seeks to ensure shippers and consumers receive the additional funds they paid due to the tariffs.
HOW SHOULD BUSINESSES APPROACH TARIFF REFUNDS?
The Supreme Court’s ruling sent the case back to lower courts, where it’s possible that the government could reach an agreement with the courts over a format for providing refunds to tariff payers.
Existing avenues to pursue tariff refunds exist through the U.S. Court of International Trade, where thousands of companies have filed suit to recover those funds.
A recent study by the Federal Reserve Bank of New York found that U.S. businesses and consumers bore 86% of the tariff burden, while foreign exporters bore 14% as of November 2025.
The New York Fed’s researchers found that the share borne by U.S. businesses and consumers declined over the year from 94% in the January through August period to 92% in September and October.
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Those findings are similar to those contained in another analysis by the nonpartisan Congressional Budget Office (CBO), which noted in its 10-year budget and economic outlook that foreign exporters were absorbing about 5% of the tariff costs with the remaining 95% falling on U.S. firms and consumers.
Reuters contributed to this report.
