Public case informationLast updated

Five Below consumer lawsuit over IEEPA tariff refunds

Five Below · Discount retail products · New Filing

About this case

A New York consumer filed a putative class action alleging that Five Below passed the cost of IEEPA tariffs to customers through higher prices but did not return tariff refunds it may have received from U.S. Customs and Border Protection. The complaint seeks injunctive relief and actual damages; the current procedural stage is not otherwise specified.

Case overview

Defendant company
Five Below
Product or service
Discount retail products
Court case number
2:26-cv-04954
Case status
New Filing
Lawsuit type
Consumer
Reported harm
Competition Pricing

Participation information

Settlement Claim

No settlement class or claim eligibility has been established. The complaint seeks to represent consumers who purchased goods subject to IEEPA-based tariffs through Five Below retail channels.

There is currently no settlement claim form or claim-filing process.

Type
Settlement Claim
Payout
No settlement or payout has been established. The matter remains ongoing litigation at the complaint stage.
Reported proof requirement
Unclear

Settlement Claim

No settlement class or consumer eligibility requirements have been established. The identified case is Johns v. Five Below, Inc., a proposed consumer class action filed in the U.S. District Court for the Eastern District of Pennsylvania on July 16, 2026.

There is currently no claim to file and no official claim form or settlement-administrator process.

Type
Settlement Claim
Payout
No settlement, settlement fund, claim form, or payout has been established; the case remains in litigation.

Sources