State Department Hit With Class Action Over Passport Fees

The State Department has allegedly overcharged millions of Americans for two decades by imposing a $60 fee for fast-tracking passport applications, according to a new lawsuit filed in federal court in California.

An Oakland resident initiated the proposed class action on Friday, claiming that the fee for an expedited two-to-three-week turnaround is unjustified, especially since routine processing typically takes four to six weeks.

Applicants already pay $100 or more for new passports or renewals. The lawsuit seeks a court declaration that the $60 fee is excessive and demands the return or refund of all expedited passport processing fees unlawfully charged during the class period.

The State Department did not immediately respond to requests for comment, nor did the plaintiff’s attorneys from Cohen Milstein Sellers & Toll.

According to State Department statistics, the number of U.S. passports issued annually increased from 13.5 million in 2013 to over 24 million last year.

The lawsuit notes that the State Department did not charge for expedited processing before 1994, provided the applicant could demonstrate urgent travel needs. In 2002, the department raised the price for this service from $35 to $60.

Federal law permits the State Department, which oversees U.S. passport requests, to charge for expedited processing to cover service costs. However, the lawsuit argues that the $60 fee is unreasonable.

“The State Department has never provided a sufficient justification for setting the expedited passport processing fee at $60,” the complaint states.

The case is Bourque v. United States, U.S. District Court, Northern District of California, No. 3:24-cv-06994.