A proposed nationwide class action lodged in federal court in Illinois on Wednesday asks a judge to require Costco Wholesale to return to U.S. customers any refunds the company ultimately receives for tariffs charged under the International Emergency Economic Powers Act (IEEPA).
The suit was filed by a Costco shopper identified as Matthew Stockov and seeks a declaration that Costco must pass along to consumers any tariff reimbursements it receives. The complaint contends that the retailer charged customers higher prices while the IEEPA tariffs were in force and that any repayment Costco obtains should not be retained solely by the company.
The legal challenge follows a U.S. Supreme Court decision on February 20 that found former President Donald Trump exceeded his authority when he used the emergency powers law to impose broad import tariffs last year. That ruling opened the door to extensive litigation in the U.S. Court of International Trade, where more than 2,000 companies - including Costco - are pursuing claims to recover duties they paid.
The Illinois complaint accuses Costco of leaving consumers out of any recovery. "This lawsuit seeks to prevent Costco, the third-largest retailer in the world, from double recovery," the filing states. "Costco has made no commitment to return any portion of anticipated tariff refunds to the consumers who bore those costs." The suit also asserts that Costco has only offered "a possible future benefit to an indeterminate group of future shoppers."
Company representatives were not immediately available for comment. A lawyer for plaintiff Matthew Stockov also did not immediately respond to a request for comment.
The case comes amid parallel litigation: global shipper FedEx is reported to be facing a similar consumer class action that was filed last month in federal court in Florida. In addition, Costco is among the group of businesses pressing claims in the U.S. Court of International Trade to recoup duties paid under the IEEPA tariffs.
Costco Chief Executive Officer Ron Vachris told analysts last week that it remained uncertain whether, or when, companies would recover the IEEPA tariffs they previously paid. He added that if Costco does receive refunds, the retailer intends to use the proceeds to lower prices and enhance value for shoppers.
Context and next steps
- The federal complaint asks the court to declare that consumers are entitled to any refunds obtained by Costco for the IEEPA tariffs.
- The Supreme Court decision dated February 20 concerning the IEEPA tariffs has generated a wave of litigation at the U.S. Court of International Trade from thousands of affected companies.
- Separate but related consumer actions have been filed against other companies, including a recently filed case against FedEx in Florida federal court.