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Retailers, direct-to-consumer sellers, and others may finally be in line to recover refunds of tariffs paid under the now-invalidated IEEPA tariff regime. But those refunds are creating a new and immediate litigation risk: consumer class actions alleging that companies that raised prices or imposed tariff-related surcharges cannot keep those recovered amounts without reimbursing customers.
Plaintiffs are already testing unjust enrichment, restitution, breach of contract, and state consumer protection theories based on the argument that businesses passed tariff costs on to consumers and are now receiving a windfall when those duties are refunded.
On May 7 at 2 p.m. ET, join Venable partners Shahin Rothermel, Ari Rothman, and Ashley Craig as they discuss this emerging litigation trend at the intersection of customs recovery and consumer protection law, including:
- where the IEEPA tariff refund process currently stands
- the theories plaintiffs are using to challenge tariff-related pricing decisions
- how advertising, surcharge disclosures, and customer communications may be used against companies
- key defenses and class certification obstacles
- practical steps retailers should take now to evaluate exposure and reduce risk
This program will offer practical guidance for retailers, marketplaces, brands, and in-house legal teams navigating both tariff recovery opportunities and the consumer litigation that may follow.
Speakers
- Shahin Rothermel, Partner, Venable LLP
- Ari Rothman, Partner, Venable LLP
- Ashley Craig, Partner, Venable LLP
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