Court Certifies Passport Fee Class Action Against U.S. Department of State
Since at least 2018, the State Department has illegally charged Americans an inflated fee of $60 for expedited passport processing.
SAN FRANCISCO, May 28, 2026 (GLOBE NEWSWIRE) -- A federal court in California has certified a class action on behalf of tens of millions of American citizens challenging the U.S. Department of State’s long-standing expedited passport fee.
The lawsuit alleges that since at least 2018, the State Department has illegally charged $60 for expedited passport processing without adequately explaining or justifying the cost. Plaintiffs contend that the fee is unlawfully inflated because it exceeds the cost of providing expedited passport processing and therefore violates Title V of the Independent Offices Appropriations Act of 1952, which limits federal agencies to charging fees that reflect the actual cost of services provided.
According to the complaint, the State Department acted arbitrarily and capriciously and exceeded its legal authority when it set the expedited processing fee at $60. Plaintiffs argue that the fee is not in accordance with law and goes beyond what the agency is permitted to charge under 31 U.S.C. § 9701.
“On behalf of Americans across the country, I’m pleased with the court’s decision,” said Geoffrey Graber, a partner in Cohen Milstein’s Consumer Protection practice. “Plaintiffs allege that the State Department’s $60 fee is excessive and illegal; we look forward to holding the government accountable for imposing it.”
The State Department’s Office of the Inspector General, through its independent auditor Kearney & Company, and the U.S. Government Accountability Office, had previously raised concerns that some consular fees, like the expedited passport processing fee, could not be justified based on an acceptable, cost-recovery basis.
On February 10, 2025, the same court appointed Geoffrey Graber of Cohen Milstein Interim Class Counsel.
The case name is styled: Bourque, et al. v. U.S. Department of State, Case No. 3:24-cv-06994 (N.D. Cal.)
About Cohen Milstein Sellers & Toll
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