Fabletics class action overview:
- Who: Fabletics LLC is facing a class action lawsuit from a customer.
- Why: The customer alleges Fabletics unlawfully passed the cost of Trump’s “illegal” 2025 tariffs onto customers.
- Where: The Fabletics class action lawsuit was filed in Illinois state court.
Fabletics, the activewear company co-founded by actress Kate Hudson, is facing a class action lawsuit from customers who claim the company passed the cost of President Donald Trump’s “illegal” 2025 tariffs onto customers and should be forced to refund those overages.
Fabletics customers have been injured by the unlawful tariffs and costs the clothing company passed along to them, Chicago resident Norah Flaherty alleges.
As companies rush to seek full refunds of the trade duties they paid, Fabletics “will have been provided a windfall as a result of having charged consumers for the collection of unlawful IEEPA tariffs” while customers will be hung out to dry, the complaint alleges.
“Defendant’s retention of money obtained from charging consumers for IEEPA tariffs offends public policy, is oppressive and causes substantial injury to consumers by depriving those consumers … of the cost of the unlawful IEEPA tariffs,” Flaherty claims.
Fabletics tariffs class action seeks refunds for consumers
The U.S. Supreme Court struck down Trump’s tariffs issued under the International Emergency Economic Powers Act (IEEPA) last month, saying the U.S. Constitution gives Congress the power to impose taxes and duties, not the executive branch.
The majority of the court did not support the government’s argument that the words “regulate” and “importation” in the statute justified Trump’s broad use of the IEEPA to impose tariffs.
A U.S. Court of International Trade judge on March 4 ordered the federal government to refund any tariff charged under the tariffs deemed unlawful. The judge then suspended the U.S. Customs and Border Protection’s need to immediately comply with the order, but held that the tariffs must be refunded with interest, which is rising about $650 million each month.
With the refund order helping companies like Fabletics, Flaherty is seeking a refund for all the customers who covered the bill in their purchase prices.
She wants to represent a nationwide class of people “who were charged IEEPA tariffs” by Fabletics within three years before the filing of the complaint through the date of class certification, according to the suit. She also wants to represent an Illinois subclass.
Flaherty’s suit asserts violations of the Illinois Consumer Fraud and Deceptive Business Practices Act and unjust enrichment. She is seeking injunctive relief, damages, litigation costs and attorney fees, among other relief.
Fabletics is currently facing another class action alleging it sent unsolicited emails containing false or misleading subject lines to Washington residents.
What do you think of this Fabletics class action lawsuit? Let us know in the comments.
Flaherty is represented by Todd M. Friedman and Steven G. Perry of the Law Offices of Todd M. Friedman PC.
The Fabletics class action lawsuit is Norah Flaherty v. Fabletics LLC, Case No. 2026CH02139, in the Circuit Court of Cook County.
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