The most unusual request in the Lowe’s tariff lawsuit is not about money for shoppers yet. It is about keeping the money where a court can still reach it. The proposed class action, filed September 3, 2026 in federal court in Ohio, asks a judge to bar Lowe’s Companies, Inc. from spending the IEEPA tariff refunds it is collecting from the government and to hold them in a segregated account while the case is decided. The underlying claim, which Lowe’s has not yet answered in court, is that customers paid those tariffs through higher prices. No class has been certified and there is nothing to file.
Status: lawsuit filed September 3, 2026 in the U.S. District Court for the Northern District of Ohio | No settlement — nothing to claim yet
Four Orders the Complaint Wants While the Case Is Pending
The complaint gives its request for interim relief a count of its own, its fourth. It asks the court to:
- bar Lowe’s from spending or distributing IEEPA tariff refunds while the case is pending;
- require Lowe’s to hold the refunds in a segregated account, known as a constructive trust;
- require Lowe’s to disclose to the court and the class how much it has received and expects to receive; and
- require a fair refund process through which customers can recover the tariff portion of the prices they paid.
The reason for asking now, according to the complaint, is traceability. Refunds that get mixed into a company’s general funds could become impossible to follow before any judgment arrives. OpenClassActions.com notes that most tariff refund suits pair unjust enrichment with a state consumer law, and that giving the freeze its own count is what sets the Lowe’s complaint apart. Asking is not getting: the court has not ruled on any of these requests.
How Much Money Is at Stake
| Refund benefit reported so far | $0.11 per share in second-quarter 2026 earnings, about $80 million according to the complaint and the earnings call |
| Reported | August 19, 2026, with Lowe’s second-quarter 2026 results |
| More to come | Executives said the company is filing for additional refunds and that the second-quarter amount is a small share of the IEEPA duties it paid |
| Plaintiff’s estimate | As much as $1 billion, alleged on information and belief |
Lowe’s left any further refunds out of its outlook because of uncertain timing, and it has not said how much it paid in IEEPA tariffs or expects to get back. The $1 billion figure is the plaintiff’s allegation, not a reported number. The complaint also alleges that instead of cutting prices, Lowe’s used the refunds to protect margins and cover rising fuel and transportation costs, and that it has not committed to returning any money to customers or created any way for them to ask.
The Plaintiff’s Theory
Starting in February 2025, executive orders invoked the International Emergency Economic Powers Act to impose tariffs on imports from nearly every country, including countries Lowe’s sources from. The complaint cites research estimating that most of those tariff costs were passed through to American consumers, and alleges Lowe’s raised its own prices the same way.
On February 20, 2026, the Supreme Court held in Learning Resources, Inc. v. Trump that IEEPA does not authorize tariffs. U.S. Customs and Border Protection stopped collecting the duties days later and began refunding importers of record, the only parties able to claim. On March 4, 2026, the Court of International Trade ordered CBP to process IEEPA duties out of affected entries; the complaint quotes that order as saying all importers of record with IEEPA-affected entries are entitled to the benefit of the ruling. Customers who paid higher shelf prices have no such route. In the plaintiff’s words, that lets Lowe’s be paid twice for one tariff.
Who Would Be in the Class
The complaint proposes two groups, both covering purchases from February 1, 2025 through February 24, 2026:
| Nationwide class | All persons who bought any product subject to the IEEPA tariffs from any Lowe’s retail channel, which reaches stores and Lowe’s.com |
| Ohio class | All persons in Ohio who bought such products from any Lowe’s retail channel |
Lowe’s, its subsidiaries, affiliates, officers, directors and employees, entities it controls, their legal representatives and successors, and the judge, the judge’s family and staff and any juror are excluded. The court could narrow or reject these definitions.
Proving which purchases count will not be simple. IEEPA tariffs hit imported goods, but Lowe’s also sells domestically made products and goods subject to tariffs the Supreme Court ruling left alone, such as the Section 232 duties on steel and aluminum. A court would have to work out how much of any price change traces to the refundable IEEPA duties.
The Ohio Claim
The plaintiff is an Ohio shopper who says he bought tariffed goods at a Lowe’s store in Ohio, and the Ohio class rests on the Ohio Consumer Sales Practices Act. That statute covers unfair or deceptive acts before, during or after a consumer transaction. The complaint argues that keeping a refund of a charge the customer effectively paid is after-the-sale conduct the law reaches, and it seeks damages including up to $5,000 in noneconomic damages per violation for willful violations. The other counts are unjust enrichment and money had and received, plus a declaration that Lowe’s must return IEEPA duties passed on to customers, with interest, restitution and attorneys’ fees.
Case Details and What Comes Next
| Case | McCoy v. Lowe’s Companies, Inc., No. 5:26-cv-02156-JRA |
| Court | U.S. District Court for the Northern District of Ohio |
| Judge | John R. Adams |
| Filed | September 3, 2026; summons issued for service September 4, 2026 |
Lowe’s had not filed a response as of the last docket update. A motion to dismiss is the usual next step, and Lowe’s can be expected to argue that consumers have no claim to a refund paid to the importer of record. Dollar Tree was sued the same day on a similar theory, and toolmaker Stanley Black & Decker faces a suit over DEWALT prices; the tariff class action tracker lists the rest. Lowe’s also faces an unrelated California case over license plate cameras in its parking lots.
There is nothing to sign up for with the court or with Lowe’s. If the case ends in a settlement, the OpenClassActions.com Lowe’s tariff lawsuit page will publish how to file.
Frequently Asked Questions
Can I get a Lowe’s tariff refund right now?
No. McCoy v. Lowe’s Companies, Inc. is a proposed class action filed September 3, 2026. There is no settlement, no certified class, no claim form and no deadline. Anyone asking for a fee or personal details to join a Lowe’s tariff refund is not connected to the case.
What does it mean to freeze the refunds in a constructive trust?
The complaint asks the court to stop Lowe’s from spending or distributing its IEEPA tariff refunds while the case is pending and to hold them in a segregated account. The complaint argues that refunds mixed into general corporate funds could become impossible to trace before any judgment.
How much has Lowe’s received in tariff refunds?
Lowe’s said its second-quarter 2026 earnings per share included an $0.11 benefit from IEEPA tariff refunds, which the complaint and the earnings call put at about $80 million. The complaint alleges, on information and belief, that Lowe’s may be entitled to as much as $1 billion in refunds. Lowe’s has not said how much it paid or expects to recover.
Do online Lowe’s purchases count?
The proposed nationwide class covers purchases from any Lowe’s retail channel, which reaches both stores and Lowe’s.com, of products subject to IEEPA tariffs between February 1, 2025 and February 24, 2026. The definition is only a proposal.
Why does the case include an Ohio class?
The plaintiff is an Ohio shopper, and one count is brought under the Ohio Consumer Sales Practices Act for Ohio buyers only. It seeks damages including up to $5,000 in noneconomic damages per violation for willful violations.
Sources
- Class Action Complaint, McCoy v. Lowe’s Companies, Inc., No. 5:26-cv-02156-JRA (N.D. Ohio), filed September 3, 2026 (PDF)
- Docket, McCoy v. Lowe’s Companies, Inc., via CourtListener
- Lowe’s Companies, Inc., second quarter 2026 sales and earnings results, August 19, 2026
- Learning Resources, Inc. v. Trump (U.S. Supreme Court, February 20, 2026)
- OpenClassActions.com: Lowe’s Class Action Says Shoppers Paid Tariff Costs That Lowe’s Is Now Getting Refunded
Source and credit: this report builds on our sister site’s coverage — OpenClassActions.com: Lowe’s Class Action Says Shoppers Paid Tariff Costs That Lowe’s Is Now Getting Refunded — which follows the case and is updated as new filings, orders and payment news come in.
Legal Disclaimer
This article is for informational purposes only and is not legal advice. OpenClassActions.org is a consumer news site, not a law firm, and is not affiliated with any party to the matters described. Allegations are allegations until a court rules on them, and court schedules and outcomes can change.