The U.S. State Department is facing a class action lawsuit filed in California federal court, accusing the agency of overcharging millions of Americans for expedited passport applications over the past two decades. The lawsuit claims that the $60 fee for fast-tracking applications is unjustified, given that routine processing times range from four to six weeks.
The lawsuit, initiated by an Oakland resident, argues that the State Department’s expedited service, which promises a turnaround time of two to three weeks, is not worth the additional cost. Applicants already pay at least $100 for standard passport services, which raises concerns about the overall expense incurred by citizens seeking travel documents.
The legal action seeks a court ruling to declare the $60 expedited processing fee excessive and demands the return of all unlawfully charged fees collected during the class period.
The State Department has not yet responded to requests for comment regarding the lawsuit, nor have the plaintiff’s attorneys from Cohen Milstein Sellers & Toll.
According to the State Department’s statistics, the number of U.S. passports issued annually has significantly increased, jumping from 13.5 million in 2013 to over 24 million in the previous year. This uptick in demand may have contributed to the perception of unfair pricing practices.
Historically, the State Department did not charge for expedited processing before 1994 for applicants who could demonstrate urgent travel needs. In 2002, the fee for this expedited service was raised from $35 to $60, further fueling concerns over its justification.
Federal law permits the State Department to impose charges for expedited processing of passport requests to offset associated costs. However, the lawsuit asserts that the current $60 fee is unreasonable and that the agency has failed to provide adequate justification for its amount.
The case, identified as Bourque v. United States, is being heard in the U.S. District Court for the Northern District of California under case number 3:24-cv-06994.
The legal team representing the plaintiff includes Geoffrey Graber and Madelyn Petersen from Cohen Milstein Sellers & Toll, alongside Charles Reichmann from the Law Offices of Charles Reichmann and Mariel LaSasso from LaSasso Law Group. The defendants have yet to make an appearance in court.
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