Walmart sued over allegations it kept tariff refunds as profits

Walmart class action lawsuit overview:

• Who: Consumers have filed a class action lawsuit against Walmart Inc.
• Why: The plaintiffs allege Walmart kept money it collected from customers to offset tariffs that were later deemed illegal.
• Where: The Walmart class action lawsuit was filed in Florida federal court.
• How to get help: If you paid inflated prices for products due to recent government tariffs, you may be eligible to file a tariff refund lawsuit.

A new class action lawsuit accuses Walmart of unjustly enriching itself by keeping money it collected from customers to offset tariffs that were later deemed illegal.

Plaintiffs Rebeca Martinez and Chad Schuk filed the class action lawsuit against Walmart on May 22 in Florida federal court, alleging violations of state and federal laws.

According to the lawsuit, Walmart collected money from customers to offset tariffs imposed by the Trump administration in 2025, but the tariffs were later ruled illegal by the U.S. Supreme Court in 2026.

Despite the court ruling, Walmart has not refunded the money to customers, the plaintiffs allege.

“Walmart’s simultaneous recoupment of tariff costs from consumers through elevated pricing and from the government through court-ordered tariff refunds constitutes both unjust enrichment at the expense of the class and violation of Florida law,” the Walmart class action lawsuit says.

Plaintiffs demand Walmart disclose total amount of tariff refunds received

In 2025, the Trump administration imposed new tariffs on imports from nearly every foreign country, including those from which Walmart sources products, the class action lawsuit says.

Walmart publicly stated at the time that it would raise prices to manage the financial impact of the tariffs, the plaintiffs say.

As a result, customers paid higher prices for Walmart products, the lawsuit says.

In 2026, the Supreme Court ruled that the tariffs were illegal, but Walmart has not refunded the money it collected from customers, the Walmart lawsuit says.

The plaintiffs allege that Walmart has been unjustly enriched by keeping the money. They are seeking a court order requiring Walmart to disclose the total amount of tariff refunds it has received or anticipates receiving from the U.S. government and to establish a fair and equitable refund mechanism.

The plaintiffs are looking to represent anyone who purchased Walmart products between Feb. 1, 2025, and Feb. 24, 2026.

They are suing for violations of the Florida Deceptive and Unfair Trade Practices Act, unjust enrichment and money had and received.

They are seeking certification of the Walmart class action, damages, fees, costs and a jury trial.

In a series of similar lawsuits, gaming giant Nintendo is also facing allegations it unlawfully retained windfall profits generated by tariffs that were later deemed unlawful.

What do you think of the allegations made in this latest illegal tariffs class action lawsuit? Let us know in the comments.

The plaintiffs are represented by James P. Gitkin of Salpeter Gitkin LLP, Thomas J. Connick of Schneider Bell LLP, Edward W. Cochran and John C. Rayson.

The Walmart class action lawsuit is Martinez, et al. v. Walmart Inc., Case No. 1:26-cv-23631, in the U.S. District Court for the Southern District of Florida.

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