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Grading Economics

A Lawsuit Says PSA's Grades Are Subjective. Your EV Math Already Assumed That.

Bayley Coleman · 2026-08-01 · updated 2026-08-05 · 10 min read

The short answer: A class action filed July 28, 2026 in Maryland federal court alleges PSA markets grading as objective and standardized while relying on a subjective "eye appeal" standard, and that its parent company's ownership of pricing, vault, resale, and lending businesses conflicts with PSA's claim to have no financial stake in graded cards. Collectors responded publicly on August 3 that "a grade is an expert opinion" and that grades cannot be "litigated into existence," and nothing has been proven in court. For your own decisions, the allegation about subjectivity changes less than it sounds like: any honest grading model already treats the outcome as a probability, not a fact, which is why expected value exists at all. What the case should sharpen is your skepticism about published gem rates as a guide to your card, and how much trust you place in a grader that also owns the venues where your card gets priced and sold.

On July 28, 2026, a Baltimore collector named Nicholas Funk filed a proposed class action against PSA and its parent, Collectors Universe, in Maryland federal court. The complaint's central claim is that PSA sells grading as an objective, standardized service while actually applying a subjective standard. It is one of three active cases, and Collectors has since responded publicly, though no court response has been filed in the Funk case. None of the allegations have been tested in court.

Set the legal outcome aside, because you cannot act on it. The useful question for a flipper is narrower: if grading really is subjective, does that break the math you use to decide whether to submit a card? The answer is no, and the reason is worth understanding, because it also tells you which of your assumptions actually is fragile.

What does the lawsuit actually allege?

According to the filing and reporting on it, the complaint alleges:

Two details worth knowing before you assume this is about you. The proposed class covers people who beneficially owned cards submitted through an intermediary (a bulk or group submitter) in the four years before filing, and direct PSA account holders are excluded. And the named plaintiff's own claim is small, about $300 in fees across seven cards. This is a structural case, not a big-ticket personal grievance.

Everything above is an allegation, a motion to dismiss is widely expected, and this post is not a prediction about the case.

What did PSA say back?

On August 3, Collectors gave a statement to The Athletic. The line that matters for your decisions:

A grade is an expert opinion. Its value to the hobby rests on the fact that specific grades cannot be bought, pressured, or litigated into existence.

Collectors also said PSA would "never compromise our grading independence," and characterized a second suit as a dispute over grades a collector wanted and PSA declined to assign.

Read that carefully, because it is the company's own framing and it settles the practical question. PSA's defense is that a grade is an opinion. That is not a concession wrung out of them, it is their position, and it happens to be the same premise this post started from. If the grader says a grade is an expert judgment rather than a measurement, then any process that treated a grade as a predictable output was always mispriced, lawsuit or no lawsuit.

There is a concrete consequence. If a grade is an opinion by design, then a 9 you believe should have been a 10 is not an error to be corrected, and resubmitting on the theory that you will eventually receive the "right" grade is a bet on variance, not a claim on justice. Price resubmissions and cross-grade attempts as fresh draws with fresh fees, because that is what they are.

How many lawsuits are there?

Three, as of early August 2026, and they allege different things:

CaseFiledCore allegation
Funk v. Collectors Universe (D. Md.)July 28, 2026Grading marketed as objective while applying subjective criteria; production quotas; profiting from inconsistency via repeat submissions
Lichtman v. Collectors Universe (C.D. Cal.)July 21, 2026Undergrading; refusal to cross competitor-graded cards; "population control"; conflicts involving the CEO's personal collection
Rasmussen v. Collectors Holdings (C.D. Cal.)April 2026, amendment proposed August 3Antitrust, over the SGC and Beckett acquisitions, reduced SGC capacity, PSA price increases and service suspensions

The Lichtman case is the one to watch on the pop-report question, since "population control" would speak to whether published population data can be taken at face value. That is a live input to grading decisions, unlike the fee-refund theory in Funk. It remains an allegation.

Does subjective grading break the math?

Here is the part most coverage will miss. A decision model that assumed grading was deterministic would not need expected value at all. If you could know the grade in advance, you would simply look it up, compute the profit, and be done. The only reason expected value exists in this hobby is that the grade is uncertain when you make the decision.

So the model already encodes exactly what the complaint alleges. Concretely, in the engine behind The Report Card:

What the complaint allegesWhat an EV model already does
The same card can grade differentlyAssigns a probability to each grade, never a single outcome
No fixed, measurable criteriaDefaults to an 8% chance of a 10 when you have no data on the card
Grading is inconsistentApplies a haircut to top-grade odds rather than taking them at face value
Reliability is overstatedRefuses to call any raw-to-graded outcome high-confidence, because this card's grade is unknown until it is graded

That last row is the one to sit with. The engine has a hard rule: no matter how good your comps and population data are, a raw card's grade is never treated as a high-certainty input. Not because of a lawsuit, but because it never was knowable. If your process is "the pop report says 43% of these gem, so this one probably gems," subjectivity is a real threat to your plan. If your process is "assign odds, weigh the outcomes, require a cushion before buying," you already built the variance in.

What the case should actually change

Two things deserve to move, and neither is the arithmetic.

Trust published gem rates less, not more

We have made this point in the break-even guide and the adverse-selection framing: a published gem rate reflects the cards people chose to submit, not a random raw copy, so it is a ceiling on your odds rather than an estimate of them. If the standard also drifts by grader or by day, that is one more reason to treat a category-level gem rate as a loose prior and discount it for your specific copy's centering and surface.

The practical version: when you plug a gem rate into any grading decision, ask what would happen if the true number were several points worse. If a few points of gem rate flips your call from grade to pass, the call was never strong enough to act on.

Price the conflict, not the verdict

The vertical-integration allegation is the genuinely new consideration, and it is not a math input. If one corporate family assigns the grade, publishes prices, holds the card in a vault, runs resale, and lends against graded cards, then the entity determining your card's grade also has interests in the venues where you discover its value. You do not need to believe anything improper happened to notice that arrangement deserves a discount on unquestioning trust.

What you can do about it is boring and effective: verify prices against sold comps you pull yourself rather than any single guide, and treat grader choice as a decision with resale consequences, which we break down in the grader comparison.

So what should you do differently on Monday?

  1. Nothing to the arithmetic. Keep running expected value with probabilities across grades and a cushion before you buy. That framework anticipated variance from the start.
  2. Discount category gem rates for your copy. Treat published rates as a ceiling. If your decision is sensitive to a few points of gem rate, pass.
  3. Stop treating a grade as a fact about a card. It is one graded opinion recorded at one moment. That is true whether or not this case survives a motion to dismiss.
  4. Keep your own comps. Pull sold prices yourself. It is the cheapest defense against depending on anyone else's number, whatever their incentives.
  5. Watch the docket, don't trade on it. No ruling exists. If a court eventually finds facts, we will update this post rather than guess ahead of it.

The uncomfortable, honest version: this complaint is describing something experienced flippers already price in. A grade is a probabilistic outcome produced by human judgment, and the only protection was ever a model that expects to be wrong a predictable share of the time. That is why we publish our calls before outcomes exist, wins and losses both. A guide, not gospel.

Frequently asked questions

Is PSA grading subjective?
A class action filed July 28, 2026 alleges PSA relies on a subjective "eye appeal" standard while marketing grading as objective and standardized. Collectors responded on August 3, 2026 that "a grade is an expert opinion," and nothing has been proven in court. Independently of the case, any sound grading decision already treats the resulting grade as a probability rather than a known outcome.
What is the PSA class action lawsuit about?
Plaintiff Nicholas Funk filed in Maryland federal court against PSA and parent Collectors Holdings, alleging over $1 billion in grading fees obtained through misrepresentation over four years, trebling toward roughly $3 billion under RICO, based on the claim that grading is subjective rather than standardized and that the parent company's pricing, vault, resale, and lending businesses create a conflict of interest.
Am I part of the PSA class action?
The proposed class as described covers people who beneficially owned cards submitted to PSA through an intermediary such as a bulk or group submitter during the four years before filing, and it excludes direct PSA account holders. Class definitions change as cases proceed, and this is not legal advice, so consult the filing or a lawyer for your situation.
Should I stop grading cards because of the lawsuit?
The case does not change the break-even math, because a good grading decision already assigns odds to each possible grade instead of assuming one. What it should change is how much weight you put on published gem rates for your specific card, and how much you rely on any single source for pricing.
Has PSA responded to the allegations?
Yes, publicly, though not yet in court on the Funk case. Collectors told The Athletic on August 3, 2026 that "a grade is an expert opinion" whose value "rests on the fact that specific grades cannot be bought, pressured, or litigated into existence," and said PSA would "never compromise our grading independence." Nothing in any complaint has been established as fact.
Is it worth resubmitting a card to try for a higher grade?
Treat it as a fresh draw at a fresh fee, not as correcting a mistake. PSA's own stated position is that a grade is an expert opinion, so a 9 you believe should be a 10 is not an error the grader owes you. Run the odds and the fee like any other submission decision.

Sources

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Written by Bayley Coleman, a collector in Fresno, CA. Every number above is sourced and dated; corrections welcome.