Published
July 8, 2026
If you bought Fabletics activewear and saw a "tariff surcharge" added to your order, this lawsuit could affect you — though there is no settlement or claim form yet.
Allegations Only · No Settlement Yet
This article describes a class action complaint. The statements below are unproven allegations. Fabletics has not been found liable, there is no certified class, and nothing to claim at this time. This page is informational and is not legal advice.
What Is This About?
Fabletics, LLC, the activewear and leggings subscription brand co-founded by actress Kate Hudson, is facing a proposed class action lawsuit over a "tariff surcharge" it added to customer orders. The complaint alleges Fabletics passed along IEEPA import tariffs by charging customers a separate surcharge, that the charge became an unlawful overcharge after the U.S. Supreme Court struck down the IEEPA tariffs, and that Fabletics has not refunded any of it even though importers became entitled to government refunds. Fabletics has not been found liable, and the allegations remain unproven.The case was filed in the Circuit Court of Cook County, Illinois, on March 6, 2026, and is captioned Flaherty v. Fabletics, LLC, Case No. 2026-CH-02139. The named plaintiff alleges she was charged $14.58 in tariff surcharges across three Fabletics transactions. The complaint asserts claims under the Illinois Consumer Fraud and Deceptive Business Practices Act and for unjust enrichment. Fabletics has not responded to the complaint, and the claims remain unproven.
Status
Complaint Filed · March 6, 2026
Proposed class action · Flaherty v. Fabletics, LLC · Circuit Court of Cook County, Illinois
Allegation
Tariff surcharge passed along IEEPA tariffs that were struck down and never refunded
The named plaintiff alleges she paid $14.58 in surcharges across three orders; the complaint says Fabletics could recover the same tariffs from the government too
Can I Claim?
No — nothing to claim yet
No settlement announced, no class certified, and no consumer claim form at this stage
The Tariff Surcharge at Checkout
According to the complaint, Fabletics added a tariff surcharge to customer orders after the federal government imposed steep tariffs on imported goods in 2025. The surcharge was presented as passing along the cost of those import tariffs to shoppers. The named plaintiff alleges she was charged $14.58 in such surcharges across three separate transactions.The lawsuit alleges the surcharge was improper because the tariffs it was said to cover were themselves unlawful. Once the Supreme Court invalidated the IEEPA tariffs, the complaint contends, there was no valid tariff for the surcharge to pass along, and Fabletics — as the importer of record — became entitled to recover the duties it had paid to the government. On that theory, the suit alleges, Fabletics stands to be paid twice for the same tariffs: once through the surcharge collected from customers, and again through refunds available to importers. These are the plaintiff's allegations and have not been tested in court.
The IEEPA Tariffs and the Supreme Court Ruling
Beginning in 2025, the federal government imposed tariffs on imports from numerous countries by invoking the International Emergency Economic Powers Act (IEEPA). On February 20, 2026, the U.S. Supreme Court ruled in Learning Resources, Inc. v. Trump that IEEPA does not authorize the President to impose tariffs, invalidating those duties. U.S. Customs and Border Protection stopped collecting IEEPA duties on February 24, 2026, and the refund process that followed entitled importers of record to seek their money back.That refund process flows to importers — for example, through U.S. Customs and Border Protection's tariff-refund portal — not to the consumers who paid tariff surcharges at checkout. The complaint alleges Fabletics, as the importer of record for its products, is entitled to recover the IEEPA duties it paid, yet has not refunded or committed to refund any portion of the tariff surcharges it collected from customers. The Fabletics case joins a similar suit against Ubiquiti, whose itemized "Tariff Surcharge Fee" is challenged on the same double-recovery theory.
What the Lawsuit Seeks
The complaint asks the court to:• Certify a nationwide class of everyone charged a tariff surcharge by Fabletics in the roughly three years before the case was filed through the date any class is certified, with a separate Illinois subclass.
• Award damages and restitution of the tariff surcharges customers paid, under the Illinois Consumer Fraud and Deceptive Business Practices Act and an unjust-enrichment theory.
• Require Fabletics to stop charging tariff surcharges tied to the invalidated tariffs and to account for the surcharges it collected and any government refunds it receives.
• Award interest and attorneys' fees and costs.
All of these are requests for relief tied to unproven allegations; Fabletics has not been found to have done anything unlawful, and no money has been awarded.
A Second, Separate Fabletics Tariff Suit
Fabletics has also been reported to face a separate, later-filed tariff-surcharge class action in California federal court, filed in the spring of 2026 on a similar theory. The details of that case, including its exact caption and case number, are still developing, and it is distinct from the Illinois Flaherty case described here. OpenClassActions.com will update this page as the dockets clarify.Is There a Fabletics Settlement Yet?
No. This is important: Flaherty v. Fabletics, LLC is a newly filed lawsuit, not a settlement.That means:
• There is no settlement fund.
• There is no claim form.
• There is no payout, and no deadline to act.
• Customers do not need to do anything at this stage.
The filing of a complaint is the very beginning of a case, not the end. Fabletics has not been found liable simply because a lawsuit was filed, and the case remains pending unless and until a newer docket entry says otherwise. If the case is ever resolved through a settlement or a class is certified, a formal claims process with its own eligibility rules and deadlines would be announced separately.
Who Could Be Affected?
The proposed class covers everyone who was charged a tariff surcharge by Fabletics during the class period, with a separate subclass for Illinois purchasers. Fabletics sells activewear largely through a subscription "VIP" membership on fabletics.com, so the surcharge would have reached ordinary online shoppers who bought leggings, sports bras, and related apparel. No class has been certified, and the final class definitions, if any, could change.If you were charged the surcharge, it may be worth holding on to your Fabletics order confirmations and receipts showing the tariff surcharge line item in case a class is later certified and a claims process opens. There is nothing to file right now.
Beware of Fabletics Tariff Refund Scams
Important: whenever a class action is filed against a well-known brand, scammers send fake "refund" texts, emails, and calls asking customers to click a link, confirm bank details, or pay a small "processing fee." There is no Fabletics tariff surcharge refund claim form right now, and Fabletics has not announced any customer refund program. A legitimate claims process — if one ever exists — would be run by a court-appointed settlement administrator, would be free to participate in, and would never ask for your banking passwords, gift cards, or up-front fees.What Happens Next?
From here, the case will move through the normal early stages of litigation. Fabletics may answer the complaint or file a motion to dismiss, the parties may exchange information in discovery, and the plaintiff would, at some point, ask the court to certify a class. Any of these steps can take months, and the case could also be amended, narrowed, removed to federal court, or resolved along the way.OpenClassActions.com will continue watching the docket for any major updates, including a motion to dismiss, settlement talks, class certification activity, or any future claim form.
Frequently Asked Questions
What does the Fabletics lawsuit allege?
According to the complaint, Fabletics charged shoppers a tariff surcharge to pass along IEEPA import tariffs, kept the money after those tariffs were struck down, and has not refunded customers even though it is entitled to recover the invalidated duties from the government. The allegations are unproven.Is there anything to claim right now?
No. There is no settlement, no fund, and no claim form. Anyone asking you to file a claim or pay a fee for a Fabletics tariff refund today is running a scam.Who could be covered?
Generally, anyone charged a tariff surcharge by Fabletics during the class period, with a separate Illinois subclass. The exact class definition is not final because no class has been certified.How do I know if I paid the surcharge?
Check your Fabletics order confirmations and receipts for a separate tariff surcharge line item added to your order total, alongside shipping and tax.Sources
• Class Action Complaint, Flaherty v. Fabletics, LLC, No. 2026-CH-02139 (Cir. Ct. Cook County, Ill., filed Mar. 6, 2026).• Learning Resources, Inc. v. Trump (U.S. Feb. 20, 2026).
• U.S. Customs and Border Protection — IEEPA Duty Refunds.
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Status
Complaint Filed — Proposed Class Action
Case Title
Flaherty v. Fabletics, LLC
Case Number
2026-CH-02139
Court
Circuit Court of Cook County, Illinois (Chancery Division)
Date Filed
March 6, 2026
Claims
Illinois Consumer Fraud and Deceptive Business Practices Act; unjust enrichment
