Thursday Boot Company faces class action over false ‘free shipping’ promise

Thursday Boots class action overview:

• Who: A customer is suing DNVB Inc., doing business as Thursday Boot Company.
• Why: The plaintiff alleges the company charges shipping fees despite advertising free shipping.
• Where: The class action lawsuit was filed in New York federal court.

A new nationwide class action lawsuit alleges that Thursday Boot Company charges customers a “shipping protection” fee despite advertising free shipping.

Plaintiff Adam DeMarco filed the lawsuit against DNVB on April 14 in New York federal court, alleging violations of state and federal consumer laws.

According to DeMarco’s lawsuit, Thursday Boot Company falsely advertises free shipping and returns to customers in the United States. However, the company allegedly adds a charge for “shipping protection” after customers enter their shipping information on the purchase screen of its website.

The fee varies based on the total value of the purchase, DeMarco says. He argues Thursday Boot Company further misleads customers by stating that if they do not pay the shipping protection fee, the company is not responsible for damaged, lost or stolen items during shipping.

“DNVB intentionally does not disclose the Shipping Protection charges to consumers in its advertising and does not disclose the fee until after the consumer has entered their shipping information in the purchase process,” the Thursday Boots class action lawsuit states.

Shipping protection fee ‘unnecessary,’ class action alleges

DeMarco argues that the risk of loss for purchases remains with Thursday Boot Company under New York law, as it is a merchant selling to consumers for delivery at a specified address.

He therefore seeks to represent anyone in the United States who purchased products through Thursday Boot’s website and paid a shipping protection fee within the applicable statute of limitations.

He is suing for breach of the implied covenant of good faith and fair dealing and violations of New York General Business Law and seeking certification of the class action lawsuit, damages, fees, costs and a jury trial.

Using different tactics, a Costco class action filed in January alleges the company prominently advertises free delivery and low flat-rate delivery fees for certain orders while actually incorporating the delivery fee into the product price, making online prices higher than in-store prices.

What do you think of the allegations in the Thursday Boot Company class action lawsuit? Let us know in the comments.

DeMarco is represented by Stephen P. DeNittis of DeNittis Osefchen Prince P.C.

The Thursday Boot Company class action lawsuit is DeMarco v. DNVB Inc. d/b/a Thursday Boot Company, Case No. 1:25-cv-03076, in the U.S. District Court for the Southern District of New York.

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