UPS is facing proposed class action lawsuits alleging the shipping giant collected billions of dollars in tariffs that the U.S. Supreme Court has since ruled illegal, and then pocketed additional brokerage and clearance fees on top of those charges. The lawsuits, filed in federal courts across multiple states, seek to recover import duties tied to tariffs imposed under the International Emergency Economic Powers Act (IEEPA), which the Court struck down in a 6-3 decision on February 20, 2026. For consumers who ordered goods from overseas and were hit with surprise fees — sometimes exceeding the cost of the items themselves — these cases could open a path to getting that money back.
The scale of the potential recovery is staggering. Estimates place the total IEEPA tariffs already collected at between $130 billion and $175 billion, plus interest. UPS is not the only defendant — FedEx and EssilorLuxottica, the parent company of Ray-Ban and Oakley, face similar suits. But UPS is at the center of multiple complaints because of its role as both a shipping carrier and a customs broker, meaning it not only collected the tariffs on behalf of the government but also charged its own fees for doing so.
Table of Contents
- What Are the UPS Class Action Claims Over Illegal Tariffs Collected from Importers and Consumers?
- How the Supreme Court Ruling Changed Everything for Tariff Refunds
- The De Minimis Exemption and Why Small Package Buyers Got Hit Hardest
- Who Can Join the Class Action and What You Should Do Now
- The Brokerage Fee Problem Beyond Just Tariffs
- Canadian Precedent Shows UPS Has Faced This Before
- What Comes Next for the UPS Tariff Lawsuits
- Frequently Asked Questions
What Are the UPS Class Action Claims Over Illegal Tariffs Collected from Importers and Consumers?
The lawsuits against UPS stem from a simple premise: if the tariffs were illegal, then the fees UPS charged to process those tariffs were also unjustified. Hali Anastopoulo, a freight forwarder and customs broker based in South Carolina, filed multiple lawsuits against UPS and FedEx in federal district courts in South Carolina, Georgia, and Tennessee. The complaints ask the courts to grant nationwide class action status covering all individuals and businesses who paid UPS for tariffs declared under IEEPA. The core allegation is that customs brokers like UPS passed tariff costs directly onto consumers and importers, layered on their own brokerage and clearance fees, and should now be required to refund all of it. What makes these claims particularly significant is that UPS was not just a passive middleman. As a licensed customs broker, UPS handled the entry paperwork, assessed the tariff amounts, collected payment from importers and consumers, and remitted the duties to U.S.
Customs and Border Protection. At each step, UPS added its own charges. For example, UPS increased its entry preparation fees by $5.00 per entry for air and ocean imports and $1.50 per entry for ground imports effective September 18, 2025. Those fees were on top of the tariffs themselves. The lawsuits argue that since the Supreme Court invalidated the legal basis for the tariffs, UPS has no justification for retaining either the tariff payments it collected or the processing fees it charged to handle them. Separately, law firms Sauder Schelkopf and Chimicles Schwartz Kriner & Donaldson-Smith are investigating UPS, DHL, and FedEx for allegedly inflating import fees on packages from China. According to their investigations, the fees carriers charged frequently exceeded the actual cost of the purchased items, combining not just the tariff amount but additional brokerage and handling charges that consumers had no opportunity to negotiate or decline.
How the Supreme Court Ruling Changed Everything for Tariff Refunds
The February 20, 2026, Supreme Court decision was the catalyst for this wave of litigation. In a 6-3 ruling, the Court found that President Trump exceeded his presidential authority by using IEEPA to impose sweeping tariffs on nearly all U.S. trading partners. IEEPA was originally designed for targeted economic sanctions in response to specific national security emergencies, not as a tool for broad trade policy. The Court’s majority concluded that the statute did not authorize the kind of universal tariff regime the administration had implemented. However, the ruling left a critical question unanswered: what happens to the money already collected? The Supreme Court did not specify whether the federal government must return the tariffs, how refunds should be processed, or what timeline applies. That legal vacuum is exactly why the class action lawsuits against private companies like UPS are moving forward.
If consumers cannot easily get refunds from the government, the next logical target is the private company that actually collected the money from them. At least 2,000 companies have already sued the federal government directly in the U.S. Court of International Trade to recover tariffs paid under IEEPA, but individual consumers generally lack the resources to pursue that route on their own. This distinction matters for anyone trying to figure out where to direct a claim. If you are a large importer, suing the government through the Court of International Trade may be the more direct path. But if you are an individual consumer who was charged fees by UPS on a package from overseas, the class action route is likely your only practical option. The class action complaints are designed to aggregate millions of small claims that would not be worth pursuing individually.
The De Minimis Exemption and Why Small Package Buyers Got Hit Hardest
One of the most consequential policy changes underlying these lawsuits was the elimination of the de minimis duty exemption for shipments from China and Hong Kong. Under longstanding trade rules, imported goods valued at under $800 were exempt from tariffs entirely. This exemption was what allowed millions of Americans to order inexpensive goods from platforms like Temu, Shein, and AliExpress without paying import duties. Effective May 2, 2025, that exemption was removed for China and Hong Kong shipments, subjecting those small consumer packages to full tariff rates for the first time. The impact was immediate and widespread. A consumer ordering a $15 phone case from a Chinese seller might suddenly face $20 or more in combined tariff duties and brokerage fees from UPS — charges that exceeded the cost of the item. UPS also imposed a $0.29 per pound surcharge specifically for China-to-U.S.
Shipments starting April 13, 2025. For consumers, these charges often came as a surprise. In many cases, buyers only discovered the fees after purchasing items, with UPS and other carriers demanding payment before releasing the package for delivery. There was no opportunity to cancel the order or refuse the charges without forfeiting the merchandise. This is a key reason the class action complaints focus heavily on the consumer experience. The lawsuits are not just about importers who understand tariff schedules and factor them into business costs. They are about ordinary people who bought a pair of earbuds or a T-shirt online and got blindsided by fees they never agreed to, based on tariffs that turned out to be illegal.
Who Can Join the Class Action and What You Should Do Now
The Anastopoulo lawsuits seek nationwide class action certification for all people who paid UPS for tariffs declared under IEEPA. If certified, the class would potentially include millions of individuals and businesses across the country. You would not need to actively join the lawsuit at this stage — if the court certifies a class, members are typically included automatically and notified of their rights. However, there are steps you can take now to protect your potential claim. The most important thing is to preserve your records. Gather any receipts, tracking numbers, invoices, or email confirmations showing fees charged by UPS for international shipments. Pay particular attention to shipments from China and Hong Kong received after May 2, 2025, when the de minimis exemption was eliminated.
If UPS charged you brokerage fees, entry preparation fees, or tariff duties, document those amounts. Compare the fees charged against the actual value of the goods — if the fees exceeded the item cost, that strengthens the pattern the plaintiffs are trying to establish. There is a tradeoff to consider between waiting for the class action and pursuing a refund independently. Morgan and Morgan filed a separate suit against FedEx in U.S. District Court for Southern Florida on behalf of a Miami individual, seeking to represent millions of consumers. Multiple law firms are investigating similar claims. If you have substantial tariff payments at stake — particularly if you are a business importer — you may want to consult with an attorney about whether to pursue an individual claim through the Court of International Trade, where at least 2,000 companies have already filed. For smaller consumer claims, the class action is almost certainly the better vehicle.
The Brokerage Fee Problem Beyond Just Tariffs
The tariff refund issue is serious enough on its own, but the investigations by Sauder Schelkopf and Chimicles Schwartz Kriner & Donaldson-Smith point to a broader problem: alleged inflation of import fees that goes beyond just passing along government-imposed tariffs. These firms are investigating whether UPS, DHL, and FedEx have been padding brokerage and handling charges in ways that are not transparent to consumers. The allegation is not just that illegal tariffs were collected, but that carriers used the tariff regime as cover to extract additional revenue through opaque fee structures. This is an important distinction because even if the tariff refund question gets resolved, the brokerage fee issue could persist. UPS acts as a customs broker and has discretion over what it charges for that service.
Consumers typically have no ability to choose a different broker for a package already in UPS’s possession, creating a captive pricing situation. If you received a bill from UPS that included a line item for “brokerage” or “clearance” fees in addition to the tariff duty itself, those charges may be subject to scrutiny regardless of what happens with the tariff refund litigation. A warning for consumers: do not assume that paying the fees UPS demands means you have waived your right to challenge them. The class action complaints are premised on the idea that consumers had no meaningful choice — refuse to pay and lose your package, or pay under protest. Courts have generally recognized that payments made under economic duress do not constitute voluntary acceptance of the charges.
Canadian Precedent Shows UPS Has Faced This Before
This is not the first time UPS has been sued over brokerage fee practices. A separate Canadian class action against UPS over unauthorized brokerage fees was certified in Ontario, covering all persons in Canada (excluding Quebec) who were charged brokerage fees since August 28, 2011. That case alleged that UPS charged brokerage fees that were not properly disclosed or authorized by the consumers who received packages.
The Canadian precedent is relevant because it establishes a pattern. Courts in another jurisdiction have already found sufficient merit in brokerage fee claims against UPS to certify a class. While U.S. and Canadian law differ in important ways, the underlying consumer complaint is the same: UPS charged fees that customers did not agree to, could not avoid, and were not adequately informed about before they were incurred.
What Comes Next for the UPS Tariff Lawsuits
The immediate next step in the litigation is the question of class certification. The courts in South Carolina, Georgia, and Tennessee will need to decide whether the Anastopoulo lawsuits can proceed as nationwide class actions. If certified, UPS would face potential liability running into the billions — a share of the $130 billion to $175 billion in total IEEPA tariffs collected, plus the brokerage and processing fees layered on top. UPS will almost certainly argue that it was merely following government directives and that any refunds should come from the federal government, not from the private carriers that acted as intermediaries.
The broader tariff refund landscape is still developing rapidly. With 2,000-plus companies suing the government directly, and consumer class actions targeting the carriers, the coming months will likely bring significant developments. Congress may also weigh in with legislation addressing refund procedures. For consumers and importers who paid these fees, the key is to stay informed and preserve documentation. The legal machinery is in motion, but resolution will take time.
Frequently Asked Questions
Do I need to sign up for the UPS class action lawsuit?
Not at this stage. If the court certifies a nationwide class, you would be automatically included as a class member and notified of your rights. You would then have the option to remain in the class or opt out to pursue an individual claim.
What fees are covered by the UPS tariff class action?
The lawsuits target tariff duties collected under the now-invalidated IEEPA orders, as well as brokerage fees, entry preparation fees, clearance charges, and the $0.29 per pound China surcharge that UPS imposed. Essentially, any fee connected to the illegal tariff regime is potentially at issue.
I only paid a small amount in fees. Is it worth pursuing?
That is exactly why the class action format exists. Individual claims of $20 or $50 would not justify hiring a lawyer, but aggregated across millions of consumers, the total recovery could be enormous. You do not need to do anything beyond preserving your records for now.
Will UPS refund me directly without a lawsuit?
As of now, UPS has not announced any voluntary refund program for tariff-related charges. The company will likely wait for court orders before issuing any refunds. Do not expect a proactive refund.
What if I used FedEx or DHL instead of UPS?
Similar lawsuits and investigations are targeting FedEx and DHL. Morgan and Morgan filed suit against FedEx in Southern Florida, and law firms are investigating DHL for the same inflated import fee practices. The legal theories are essentially identical across carriers.
How long will the class action take to resolve?
Class action litigation typically takes years from filing to resolution. The class certification stage alone could take many months. If UPS settles, it could be faster, but there is no reliable timeline. Preserve your records and monitor developments.
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