Lori Leskin Comments on Wave of Tariff-Related Consumer Litigation

Lori Leskin, Co-Chair of Arnold & Porter’s Consumer Products practice, was quoted in the Bloomberg Law article, “FedEx, Costco, UPS Are Main Targets for Consumer Tariff Refunds,” discussing a growing wave of consumer class actions seeking refunds of tariff-related charges following the U.S. Supreme Court decision invalidating certain tariffs.

The lawsuits, many of which target companies such as FedEx, UPS, and Costco, center on whether businesses improperly retained tariff-related fees or passed on price increases to consumers. Plaintiffs argue unjust enrichment, while companies have taken varied approaches to addressing potential refunds.

Lori emphasized that these cases are still in their early stages and will depend heavily on the individual facts. She noted that differences in how companies handled tariff costs could significantly affect litigation outcomes, stating that “facts will matter enormously” and that “every company has eaten the impact of the tariff situation differently.”

She also highlighted potential challenges for plaintiffs seeking class certification in cases where companies did not explicitly tie price increases to tariffs. Lori explained that variability in pricing factors could make it difficult to establish common evidence across a proposed class, observing that there are “so many things that explain why prices go up” and that plaintiffs must show consistent, class-wide proof.

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