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Tariffi vs. Class Action Lawsuits

Some trade groups have filed class action suits over IEEPA tariffs. Individual CAPE filing is faster and nets more per claimant.

Key differences at a glance

FactorTariffiClass Action Settlements
day processing60-90 day processing2-5 years for class action
fee10-25% fee33-40% attorney fees in class actions
Individual claim amountIndividual claim amountpooled settlement division
Direct CBP refundDirect CBP refundcourt-ordered distribution

Tariffi advantages

  • Individual claim — you receive your full refund, not a pooled share
  • 60-90 day processing vs years of litigation
  • Lower contingency (10-25%) vs class action attorney fees (33-40%)
  • Direct refund from Treasury via CBP, not a court settlement

Class Action Settlements advantages

  • No action required if you're part of the class
  • May cover entries outside CAPE eligibility window
  • Can set legal precedent for future cases
  • No per-importer costs if settlement succeeds

The bottom line

Filing an individual CAPE declaration is almost always better than waiting for a class action. You get your full refund (not a pooled share), at a lower fee rate, in weeks instead of years. Class actions make sense only for entries that fall outside the CAPE eligibility window or for establishing legal precedent.

See your estimated refund

Use our free calculator or upload your ES-003 for a precise analysis.