FedEx, UPS, Oakley face lawsuits over Trump tariff refunds

FedEx, UPS, and EssilorLuxottica (maker of Oakley and Ray-Ban) are facing proposed class action lawsuits demanding refunds for import duties and fees related to tariffs imposed under the Trump administration. These tariffs were recently deemed invalid by the U.S. Supreme Court. The lawsuits argue that companies like FedEx, which directly paid the government, and EssilorLuxottica, which passed the costs onto consumers, should return the collected funds.

Previously, other lawsuits were filed by freight forwarder Hali Anastopoulo against FedEx and UPS, also seeking repayment of duties. These cases stem from the elimination of a duty exemption for low-value goods, leading to increased tariffs on imports. The Supreme Court ruled that the International Emergency Economic Powers Act (IEEPA) does not authorize the President to impose such broad-based tariffs, initially justified by concerns over fentanyl imports and the U.S. trade deficit.

While FedEx has independently sued the U.S. government for a refund and pledged to pass any reimbursement onto customers, the Morgan & Morgan lawsuit points out the lack of a legally binding commitment to refund processing fees. Other companies, including Hasbro, L’Oreal, and Bausch+Lomb, have also filed refund suits. The process for issuing refunds and determining eligibility remains unclear, with over $130 billion in collected duties potentially at stake.

(Source：FreightWaves)